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MAJOK GENERAL MEADE'S 



ON THK 



ASHBURN MURDER. 



r 



The following Official Report is published that 
the truth in regard to the arrest. confir,ement and 
trial of the persons charged with the murder of 
G. W. Ashburn, of Columbus, Georgia, may be 
fully known, and the facts set forth in regard to 
their treatment and that of the witnessed in the 
case. In order that the public may be advised of 
the evidence on which the prisoners were arrested 
and committed to trial, it has been deemed no 
more than justice to the Major General Command- 
mg. to publish the evidence for the prosecution 
before the Military Commission. 



REPOET. 



HEADQUARTEES THIHD MILITARY DISTRICT, 

(Department of Georgia, Florida and Alabama.) 

Atlanta, Georgia, July 21, 1868. 
General U. S. Grant, Commanding United States Army, Washing- 
ton, D. a 

General : The numerous malicious and false statements that 

have been given to the public through the press, for political and 
partisan purposes, in relation to the treatment of witnesses, and 
the trial and treatment of prisoners implicated in the murder of 
Mr. G. W. Ashburn, of Columbus, Georgia, require on my part • 
a special report, which is herewith made, and to which I beg to 
ask I may be authorized to give that publicity which my vin- 
dication requires. 

The accompanying papers contain all the instructions, orders 
and telegrams that have emanated from these Headquarters, and 
the replies made thereto. A careful perusal of these papers will 
o-ive an accurate history of the whole transaction, and will exhibit 
the part taken by each individual, whether military or civil, under 
my control. A brief synopsis of these papers, and a succinct state- 
ment of the facts of the case, is herewith submitted : 

On the 30th of March last, a little after midnight, G. W. Ash- 
burn. ex-member of the Constitutional Convention of Georgia, was 
assassinated at a house where he was boarding in the town of Co- 
lumbus, Georgia. Immediately on receiving notification, I instruct- 
ed the commanding officer at Columbus, Captain William Mills, 
16th Infantry, to make every effort in co-operation with the civil au- 
thorities to detect and arrest the criminals. Captain Mills having 
reported the civil authorities were disposed to act with energy, I 
declined the frequent recommendations of parties to remove them; 
but, subsequently, Captain Mills reporting that the energy of the 
civil authorities was all show and merely assumed, and that he 
could place no reliance on them, I removed the Mayor and Board 
of Aldermen, together with the Marshal and his deputy, appoint- 
ing others, and appointing Captain Mills Mayor. About the 6th 
of April, nearly a week after the assassination. Captain Mills hav- 
ing obtained sufficient evidence to warrant his action, arrested by 
my order some ten citizens of Columbus, either as participators, 
accessories, or for having some knowledge of the facts of the case. 



Thnsc porsons woro siihsequt'iilly I'f'l'-^rt.'^^'d oil hmiiU to :i|iiH'av ami 
stand tlioir trial. Findint;' that owini; to tin- cliariictcr of {h\>- 
crime, in a g-rcat measure political a> well as social, tluu-c was m. 
oflbrt on the part of the community where it was committed, either 
through the authorities or among tlio cntizens, to ferret out tiie 
guilty, T deemed it proper to ask of tlic War ])epartmi!nt that n 
competent detective officer should he sent tn rejtort to me, thai hi- 
might assist Captain Mills in his researches. On the 18th of Ajiril, 
Mr. Reed having arrived from Washington, was sent to Colum- 
hus to report to Captain Mills. On Mr. Keed reaching Columhus 
and l>eing made acquainted with the evidence then procured. Ik- 
earnestly urged I should send for a Mr. Whit(^ly, then in Xansus. in 
the service of the Internal Keveiuie Dejiarliaent. My a])plication 
to Commissioner Rollins lieiiig courteously received and acceded 
• to, Mr. AVhitely aj'rived ahout May 1st, a^nd was inimediatf^ly 
sent to Captain Mills. Soon after his arrival at Col um bus, Mr. 
Whitely reported he was satisiiod Captain Mills was on ihe track 
of the criminals and had arrested some of the principals, Imt that 
it was utterly impracticable to obtain any testiiir>ny from ain' party 
in Columbus, as their lives would be forfeited if they dared to dis- 
close what tlnn' knew ; and he reconinieiuled thai certain }»arties, 
whom he believed had a knowledge ■ f the aMair, should be re- 
nun-ed to some secure place, where, Ix'ing protected, they (ioiild 
without f(!ar disclose such facts as were in their possession. Upon 
receipt of this communication, I autlnu-ized the transfer of the 
parties named to Fort Pulaski, and directed the commanding olfi- 
cer of the post to permit the detectives, Whitely and Reed, to 
have free access to the prisoners, and to have a general direction 
of their treatment. At the same time 1 cautioned the detectives 
that in their efforts to extract the facts as known to these parties, 
no unusual, or cruel, or physical means should be resorted to. The 
result of this movement was the disclosure of most important facts 
by several parties, who had iml dared to 3[)eak out until under tlie 
protection of the Government. From the statements made by these 
prisoners, a number of others were arrostcnl and brought to Atlanta, 
early in June. Heing compelbnl myself to i;() north, the organiza- 
tion of the Militai'v (.'ommission was delayed by this and other cir- 
cumstances until late in Jun(\ Finding, on my return, the most false 
and exaggerated statements in regard to the treatment of prisoners 
and witnesses, I called on (xcneral Sibley, commanding Sub-District 
of Georgia, for a report on their treatment at this jiost (Atlanta), 
and on Captain Mills and Captain (-ook, for reports as to the treat- 
ment of th(yso confined at Columbus and Fort Pulaski, respectively 



IT iJso called on Mr. Whitely, the detective, for a report on the' 
; same subject. All these reports are herewith submitted ; and it will 
,be seejTi from them, and from the affidavit of the prisoners them- 
selves, attached to Mr. Whitely 's report, that the exaggerated 
statements, which for political purposes the press have given circu- 
lation to, are all false, and have no foundation beyond the fact 
admitted by Mr. Whitely — that he did operate on the fears of the 
•negroes. Wells and Stapler, whom he believed knew something, 
but that soon finding they knew nothing, they were released; and 
.with the eLXception of threatening to shave their heads, and con- 
> fining them for some hours in a cell at Fort Pulaski, previously 
: arranged for the punishment of refractory soldiers, they were well 
: treated, and were in nowise injured. The trial has been in pro- 
:gress now some twenty days, and the evidence for the prosecution 
; made public. It is for the^Department and the people of the countrj^ 
•;to judge whether, with the evidence. as adduced on the trial, I was 
mot only justified but compelled to arrest and bring to trial the 
^parties implicated. My conscience is free that throughout the 
whole transaction I have been animated b}' but one purpose, which 
was to secure the ends of justice and vindicate the law. The charac- 
ter of the crime, the social status of parties implicated in its com- 
mission, and the doubts, as to the guilt of the several parties, had 
no influence on me except to increase my determination to bring 
tthe f&et>s out. even at the risk of for a time putting persons to in- 
K3onvenience, who rmight subsequently prove innocent. Hence, 
jnany arrests were made of parties, who were subsequently released 
.on its being proved they wore neither participators, nor had any 
knowledge of the case. In all these cases, these parties were well 
.treated, and on being discharged, were paid the usual witness fees 
for the period they were removed from their business. 

Had the civil authorities acted in good faith and with energy, 
and made any attempt to ferret out the guilty ; or had the people 
of Columbus evinced or felt any horror of the crime, and co-opera- 
ted in any way in detecting its perpetrators, much that was seem- 
ingly harsh and arbitrary might have and would have been 
avoided : but the case required prompt and decided measures, 
which I did not hesitate to take, and am satisfied now, that when 
the whole truth is made public, as it will be by the documents 
accompanying this report, and the evidence on the trial, that every 
right-thinking man will justify me. 

Very respectfully, your obedient servant, 

GEORGE G. MEADE, 

Major General. 



HEADQUARTERS POST OF COLUMBUS, 

Columbus, Georgia, March 31, 18G8. 
Lieut John E. Hosmer, \Cyth Infanin/, Acting Assistant Adjutant 

General, Sub-District of Georgia, Atlanta, Georgia. 

Sir: — List night, bUwcjea the hours of ono and two o'clock, Mr. 
G. W. Ashburn, a delej^^ate to the late Convention from this coun- 
ty, was brutally murdered in his own room by a party of persons 
disguised in masks, and with blackened faces. From the evidence 
of the other occupants of the house— negro women— the party is 
estimated to have been from thirty to fifty in number, and to have 
been generally well dressed. A coroner's inquest to-day failed to 
elicit any evidence upon which any arrest could be made. As Mr. 
Ashburn was the political leader of the colored people here, great 
excitement has prevailed among them, and I had feared a collision 
with the whites ; but up to this evening everything has passed off 
quietly. I am co-operating with the municipal authorities in 
measures to prevent any outrages being committed, and hope that 
everything will pass off quietly. The respectable portion of the 
community condemn this terrible outrage ; but I regret to have to 
say that from all the evidence and information we can obtain, there 
is no doubt that the party who made this attack on Mr. Ash burn's 
lodgings, from their dress, belong to the better class of citizens. 
If anything of consequence should occur, I will advise you by tele- 
graph. 

Very respectfully, your obedient servant, 

(Signed) WILLIAM MILLS, 

Copt. IQth Infantry, Commanding Post. 
Official copy : 

R C. DRUM, Assistant Adjutant General. 



Columbus, Georgia, March 31, 1868. 
General : 



* 



* * * * 

The city authorities have offered a reward of $500, and would it 
not be well for the Governor or military authorities to do the same ? 
***** 
I remain, very respectfully, 

(Signed) WILLIAM MILLS, 

Captain U. S. A. 
To Brevet Brigadier General Sibley, U. S. A. 



[endorsement. ] 

HEADQUARTEKS THIRD MILITARY DISTRICT, 

Atlanta, Georgia, April 6, 1868. 
The within recommendation of the Post Commander of Colum- 
bus, Georgia, that a reward be offered by the State authorities for 
the arrest of the murderers of the late Mr. Ashburn, is respectfully 
referred to Governor Ruger, approved. 

By Command op Major General Meade : 

(Signed) S. T. BARSTOW, 
Acting Assistant Adjutant General. 

[endorsement. ] 

EXECUTIVE DEPARTMENT, STATE OF GEORGIA, 

Milledgeville, April 8, 1868. 
Respectfully returned. A proclamation was issued April 3, 1868, 
offering reward of $2,000 for first delivery made of any principal 
or accessory, and $1,000 for delivery of every other of the princi- 
pals and accessories. 

(Signed) THOS. H. RUGER, 

Colonel SSd Infantry, Brevet Brigadier General, 

Provisional Governor. 
Official : 

R. C. DRUM, Assistant Adjutant General. 



HEADQUARTERS THIRD MILITARY DISTRICT, 

(Department of Georgia, Florida and Alabama.) 

Atlanta, Georgia, April 1, 1868. 
Brevet Brigadier General C. C. Sibley, Commanding Sub-District of 

Georgia. 

General : — The Major General commanding directs that in 
view of the reported assassination of G. W. Ashburn, at Columbus, 
Georgia, you instruct the commanding officer at that post to make 
a thorough investigation and report of the circumstances attending 
the affair ; and, if the facts shall prove to have been as reported, 
that you direct him to use every effort to arrest and bring to jus- 
tice the murderers, aiding, in this respect, the civil authorities of the 

place. 

Very respectfully, your obedient servant, 

S. F. BARSTOW, 

Acting Assistant Adjutant General. 

Official : 

R. C. DRUM, Assistant Adjutant General. 



[telegram.] 

Washington, D. C, April 2, 1868. 

Major General George G. Meade, Commanding Third Military Dis- 
trict : 
I suggest that the murder of Ashburn be investigated, and justice 

be nietod out promptly by Military Commission, if the civil courts 

cannot be relied on. 

(Signed) U. S. GRANT, General.- 
Received in cipher : 

(Signed) J. C. GREGG, 

Cipher Operator Third Military District. 
Official : 

R. C. DRUM, Assistant Adjutant General. 



[telegram.] 

HEADQUARTERS THIRD MILITARY DISTRICT, 

[Department of Georgia, Florida avA Alabama.) 

Atlanta, Georgia, April 3, 1868; 
General Grant: 

I have just returned from Florida, and find your dispatch inj 
relation to the murder of Mr. Ashburn. Captain Mills, command-. 
ing at Columbus, reports he is doing everything, in co-operation 
with the civil authorities, to detect and arrest the murderers, and, 
if any are caught, I intend trying them by Military Commission. 

(Signed) GEORGE G. MEADE, 
Sent in cipher : Major General.. 

(Signed) J. C. GREGG, 

Cipher Operator Third Military Disti'ict. 
Official : 

R. C. DRUM, Assistatit Adjutant General. 



HEADQUARTERS THIRD MILITARY DISTRICT, 

[Departtnefit of Georgia, Florida and Alaha'tna.) 

Atlanta, Georgia, April 4, 1868. 
General U. S. Grant, Washington, D. C. 

General : — You have been advised of the assassination of Mr. 
G. W. Ashburn, recently a member of the Constitutional Conven- 
tion of this State. The event took place during my absence in 
Florida, but the Assistant Adjutant General at Headquarters imme- 



diately sent instructions to the commanding officer at Columbus to 
use every means within his power to discover and arrest the guilty 

parties. 

I transmit lierewith the reports received to date, by which you 

will see that the military and civil authorities are harmoniously 

co-operating to detect the criminals, who, if arrested, will be 

promptly brought to trial before a Military Commission. 

I regret to report that within the last ten days a spirit of disorder 
and violence has manifested itself in both this State and Alabama. 
Anonymous placards and letters threatening the lives and property 
of Union citizens have been circulated. 1 he assassination of Mr. 
Ashburn is the first murder, though there have been reported 
several cases of lynching. 

I have thought proper to issue a stringent order, a copy of which 
is enclosed, and 1 shall execute it promptly, as far as the forces 
under my command will admit; but I deem it proper to make 
known that if this evil is carried to the extent to which appearances 
now indicate, that the force in this District is inadequate to its 
suppression, and that it will be absolutely necessary that a larger 
military force be given me, if it is expected that I am to protect 
life and property in the whole District. On this point 1 would 
call your attention to the fact that while I command the largest 
District geographically, I have the smallest force to enforce law 
and order. So long as the moral power of the Government was 
respected, I had sufficient force ; but if it becomes necessary to use 
physical force, my command must be increased, to enable me to 
occupy all parts of the State, enforce my orders, and compel sub- 
mission. 1 ] • i-V,- 
I have this day telegraphed you on this point, and desire this 

communication to be considered in connection with this telegram. 
Yerv respectfully, your obedient servant, 

(Signed) GEORGE G. MEADE, 

Majo'r General Commanding. 
Official copy : 

K. C. DRUM, As.<^istanf Adjutant General. 



HEADQUARTERS POST OF COLUMBUS, 

Columbus, Georgia, April 6, 1868. 
Lieutenant John E. Hosm.er, 16th U. S. Infantry, Acting Assistant 

Adjutant General, District of Georgia, Atlanta, Georgia. 

Sir :— I have the honor to report that I have this day arrested, 
and have now in confinement, the following named citizens : Co- 
lumbus Bedell, clerk in bank ; Cash, policeman ; Kirk Roper, 



10 

policeman; W. D. Chijdey, merchant; Robert Ennis^cXerk; James 
W. i5«r6er, Clerk of Inferior Court, and wharfinger; Dr. Kirkscey, 
physician; Wm. Bedell, merchant; Thoynas Grimes, jr., lawyer; 
John Wells, (colored,) blacksmith. These parties are arrested by me 
on information subscribed and sworn to before myself and Major 
Leonard, Sub- Assistant Commissioner, B. R. F. and A. L., im- 
plicating them as being connected with the party who murdered 
Mr. Ashburn, and other attempted outrages since. I telegraphed 
General Sibley to-day, that I want to see an officer here, from 
Headquarters, who can examine my evidences of guilt. I don't 
like to send them by mail. I am peculiarly situated here I am 
confident that good citizens are accessory to this outrage, and I 
cannot trust any civil authority ; and to fully explain everything, 
it is very important that I see some one from District Headquarter^l! 
I expect to make other arrests to-morrow. I have the prisoners 
under guard at the court house. 

10 o'clock P. M. 
I have just received General Sibley's dispatch. 1 regret it was 
misunderstood, but I did not desire to say too much in my message. 
I need no increase of the garrison ; all I want is to see and explain 
the condition of afl^airs to some officer from District or Department 
Headquarters. 

Very respectfully, your obedient servant, 

(Signed) WILLIAM MILLS, 

Captain Ut.h U. S. Infantry, Commandinu Post 
Official copy : 

R. C. DRUM, Assistant Adjutant General.. 



HEADQUARTERS THIRD MILITARY DISTRICT, 

{Dejia-rtment of Georgia, Florida and Alabama.) 

Atlanta, Georgia, April 8, 1808. 
Captain William Mills, Uth U. S. Infayitry, Columbus, Georgia. 

Captain :— I have read your reports to General Sibley, and was 
so satisfied from them and your known character, that I have not 
deemed it necessary to send you any instructions, believing you 
were doing all that could be done to detect and arrest the perpetra- 
tors of the foul and cruel murder of Mr. Ashburn. You havino- 
stated in your reports that the civil authorities were disposed to acl 
with energy, and ready to place themselves under your control I 
have declined to yield to the pressure brought on me to make' a 
sweeping change in all the municipal departments of the city ; but 
I find by your report of the 6th instant, received to-day, that you 
express yourself as not being able to trust the civil authorities I 



11 

therefore desire to say, that if you think it will in any way pro- 
mote the cause of justice and strengthen your hands, I will remove 
the Mayor and all the rest, on your sending suitable names. I 
should appoint you Mayor, so as to give you complete control of 
both military and civil power. I am not disposed to punish people, 
even for the general good, unless the case is clearly made out that 
the general good will be promoted thereby. Please, therefore, let 
me have your views as soon as practicable, and send the names 
of the Mayor and such other officers as you recommend to be 
removed, with the names of persons to take their places. I am 
glad you have made the arrests you have, and particularly the 
two policemen, who, it was evident from the testimony before 
the coroner, had failed in their duty, even if they were not actually 
cognizant of, and participators in the crime. 

If, therefore, you think it will strengthen your hands any, I will 
order a Board of Investigation, though I don't know how they can 
do more than you and Major Leonard have done. I wish you to 
write me fully, and, if you cannot trust the mails, send communica- 
tion by an officer, or trustworthy non-commissioned officer. Colo- 
nel Sanders will hand you this and bring your reply, in which I 
desire you will make any suggestions for my action you deem proper. 
Can you take care of the prisoners in Columbus, or do you think 
they had better be removed away for security ? 
Respectfully yours, 

(Signed) GEOKGE G. MEADE, 

Major Geiieral Co^nmanding. 
Official copy : 

R. C. DRUM, Assififant Adjuta^U General. 



[telkgram.] 
Washington. D. C, April 7, 1868. 
Major General George G. Meade, Commanding Third Military Dis- 
trict : 

Will it not be well to remove all the civil officers in Columbus, 
and all other places where like outrages occur ? 

In Alabama, where outrages are committed, the men elected 

might be installed. 

(Signed) U. S. GRANT, General. 

Received in cipher : 

(Signed) J. C. GREGG, 

Cipher Operator Third Military District 
Official : 

R. C. DRUM, Assistant Adjutant General. 



12 

[tkleuram.] 
HEADQUARTERS THIRD MILITARY DISTRICT, 

{Department of Georgia^ Florida and Alabama.) 

Atlanta, Georgia, April 9, 1868. 
General Ch^ant : 

1 have not removed civil authorities of Columbus, because Cap- 
tain Mills, commanding there, reports they were acting in concert 
with him, and evinced every disposition to ferret out the murder- 
ers. I did not send any board to investigate, because Mills and 
his subordinates were doing everything it was practicable to do. 
X have been fully alive to the necessity of action, but am waiting 
until I see the time when action will be available. Captain Mills 
has made some ten arrests, principcdly of people whom he has 
reason to believe have knowledge of the perpetrators of the deed. 
I have sent Major Smyth, of the Judge Advocate General's De- 
partment, to assist in the investigation, and have written to Mills 
to get his judgment on expediency of making removals of the civil 
officers. There will be difficulty just now in finding people willing 
to assume the responsibilities and danger of the position. 

(Signed) GEORGE G. MEADE, 

Major General. 
Sent in cipher, April 9, 1868: 

(Signed) J. C. GREGG, 

Cipher Operator Third Military District. 
Official: 

R. C. DRUM, Assistant Adjatant General. 



HEADQUARTERS POST OF COLUMBUS, 
Columbus, Georgia, April 10, 186S. 
Major General G. G. Meade, Commanding T/drd Military District. 

General :— I have the honor to acknowledge the receipt of your 
letter of the 8th instant, delivered me by Col. Sanders. That my 
actions at this Post, since the murder of Mr. Ashburn, have met 
with your approbation, I am much pleased. When I made my 
report, on the 31st ultimo, of the outrage, I was inclined to believe 
that I should be aided by the authorities of the city in endeavoring 
to detect the perpetrators of the murder. I regret V^ say that since 
that date the apathy and indifference that has charactei izcd their 
actions, has induced me to change my opinion. 

On the morning of the 3!st ultimo, the Mayor and Council met, 
and requested me to attend, which I did. Resolutions condemning 
the outrage, and expressing a determination to use all means to 
find out the guilty parties, were passed ; also, ottering a reward of 
$500, and increasing the police force from twelve to thirty men, 



18 

tenderini? me the control of that force, which I declined, as I 
thought it showed a disposition to avoid responsibility. I stated 
that *! would co-operate with the civil authorities ; and after the 
meeting I had a conversation with the Mayor in regard to the 
employment of detectives to work up the case, which he said should 
he done at once, and also, that in selecting the men to increase 
the police force, he should endeavor to procure the best men possi- 
ble. Since that time I have been unable to find out that any steps 
were taken to discover the authors of the outrage. Kumors of 
intended outrages by the colored people, threatening to burn the 
town, were current among the people tor several days, and upon 
that subject I have had several conversations with the Mayor, 
being perfectly satisfied myself that no danger of the kind was 
likely to occur. The conduct of the four policemen that night, 
who met and saw a number of men in the neighborhood of the 
place of the outrage, and who were so near to them as to heai the 
cocking of their pistols, and then turned olf in an opposite direc- 
tion, without giving any alarm or attempting to ascertain the 
direction in which the crowd fled, was certainly great neglect of 
duty ; and I had expected that the Mayor would have discharged 
them from the force, which has not been dune, and they are still 
members of the force. One of them, named " Cash,' 1 have now 
in arrest, charged as having, with his partner, on a subsequent 
night, been with, and accompanied part of the way, a party of 
men who were disguised and on their way to the house of a Mr. 
Bennett (the man who was in the house at the time of Ashburn's 
murder) for the purpose of assassinating him. Ihis charge, in 
connection with Cash's conduct on the night of the murder, has 
shaken my confidence in the present police force. This man Cash 
has been a policeman ever smce 1 have been stationed here, (nearly 
a year,) and I know is a great tavorite of the Mayor's. I am now 
endeavoring to procure an affidavit from a woman, who has ^aid 
that the Deputy City Marshal, who is the Chief of I'olice, was at 
the house in wl"iich she lives, with one of the police, on the night 
of the murder, and that they both had masquerade clothing, which 
they put on when they left there, which was about midiught. i 
have great hopes, and so has Major Smytb, of being able to grt 
this deposition. From what I know of this man s character, i 
shall not be surprised if this is true. These reports, in connection 
With the policemen's conduct that nignt, and the very great 
indifterence of the people generally, has tended greatly to intimidate 
the few white Republicans here and the colored people, tnrough 
whom I se3 our only chances of finding out anything. One good 



14 



effect of the arrests here, has been to restore confidence amon^ the 
freed people, and I am daily receiving reports of the sayings and 
doings of respectable people, a great many of whom I expect before 
long will be proved to havebeen,if not with the party, cognizant of 
Its mtended outrageous conduct. I do not hesitate to say that there 
IS but one civil officer in this city to whom I dare confide my plans 
or means of obtaining information. I have been obliged to 
promise these persons from whom I have up to this time obtained 
any mformation, that their names will not be made public in this 
community, as 1 am well aware that their lives would not be safe 
unless in my barracks. The great fear of this prevents us from 
obtammg mformation, and I feel satisfied that with a different 
police force, we could get along much faster in our discoveries To. 
have a reliable police force for the city, we must have a new Mayor 
a City Marshal, and a Deputy City Marshal, who is also Chief of 
Police. These three offices in the hands of reliable men, who 
co-operate together, the town and citizens will be safe, and 
in time, the murderers of Ashburn detected. With unreliable 
civil officers, the usefulness of military assistance is obstructed and 
of no avail. I think, perhaps, it would be advisable to await 
further developments, which may so fix complicity of crime in 
some civil officer or officers, as to make your desire to remove some 
of them more satisfactory and agreeable to you. If, however you 
should think proper to act at once, I would respectfullv recommend 

that Dr. T. S. Tuggle be Mayor in place of F. G. Wil'kins • 

be City Marshal in place of M. R. Murphy ; Thomas Grier to be 
Deputy City Marshal in place of R. W. Wood. The great advm- 
tage of having Dr. Tuggle Mayor of the city would be his thorough 
knowledge of, and acquaintance with, its citizens. Politically he 
IS obnoxious to the white people, but his very high standin<r Lnd 
character as a man, and, from what I know of him, his goodlud- 
ment generally, would command respect from everv one, and he 
would do justice to all without prejudice. I am much gratified at the 
confidence you have thought proper to repose in me, by stating 
that you would detail me to perform the duties of Mayor ; but^ 
General, I fear that in a community like this, with so' very 
few citizens whose sympathies are in concert with vour actions 
and with the measures of Government now being carried out here' 
obstructions and difficulties would be so placed in my way, from a 
want of knowledge of municipal laws and administration, that my 
usefulness as a subordinate of yours might be greatly impaired • 
whereas with such a man as Dr. Tuggle in the position, 1 could, I 
know, be of great service, and together we could uphold the 



15 

supremacy of the laws, and make no mistakes. It is my duty to 
state that F. G. Wilkins, the present Mayor, is unofficially a can- 
didate for re-election, on the Conservative side, and that Dr. 
Tuggle talks of running for Mayor on the Kepublican side. No 
nominations for municipal officers have yet been made, as the time 
of election has not yet been announced. 

I have consulted with Major Smyth, and we have agreed that, 
just at this time, a Board of Investig'ition would not be advisable, 
as he and I can, together, obtain information in a much more 
private manner than a Board could. I think, with his assistance 
for a few days, I shall be able to report to you the arrest of some 
parties directl}'' connected with Mr. Ashburn's murder. In refer- 
ence to the prisoners now in my custody. Major Smyth, upon 
examination of my written evidences of complicity with the 
outrages charged against them, has reported to General Dunn, and 
if it should be necessary to keep them, I feel confident of being- 
able to do so securely. 

In reference to a conversation I had with you when I saw von 
here, in regard to my sending details to points within my Post at 
election time, we did not, then, anticipate the present state of 
aflairs; and I would respectfully state that I do not think it would 
be prudent to detach any portion of my command from this city. 
I feel strong enough for any emergency here, but with my present 
forco, seventy-nine men, have none to spare at other points. 

I am. General, very respectfully, your obedient servant, 

(Signed) WM. MILLS, 

Captain \(Sth U. S. Infantry/, Commanding Post. 
Gkneral : — Since I finished this letter, I haye found out that I 
cannot immediately recommend such a person as I would wish for 
City Marshal, but will be able to do so in a few days. 
Official: 

R. C. DRUM, Assistant Adjutant GeneraL 



[TELEGRAM.] 

HEADQUARTERS THIRD MILITARY DISTRICT, 

[Department of Georgia., Florida and Alabama.) 

Atlanta, Georgia, April 10, 1868. 

Captain WUliajn Mills, Columbus, Georgia: 

Smyth's letter of eighth (8th) instant received. Exercise your 

judgment in regard to prisoners. 

(Signed) R. C. DRUM, 

Assistant Adjutant General. 
Official : 

R. C. DRUM, Assistant Adjutant General. 



16 

HEADQUAKTERS POST OF COLUMBUS, 

Columbus, Georgia, April 10, 1868. 
Brevet Brigadier General C. C. Siblej/, U. S. A., Commanding Dis^ 
trict of Georgia^ Atlanta^ Georgia. 

General : — I have the honor to report that I have this da^; 
released from arrest the following named citizens of this place : 

1. Colunilnis Bedell ; 7. Robert Ennis ; 

2. E. J. Kirkscey ; 8. Ja.mes W. Baker; 

3. Thomas W. Gri7nes, Jr. ; 9. Wade Stephens ; 

4. WMiam D. Chipley ; 10. W. D. Cash ; 

5. William R. Bedell; 11. John Wells, (colored); 

6. Kirk Roper ; 12. John Stephens, (colored) ; 

13. James McHenry, (colored). 

These parties are released on bond, given in good and sufficient 
security, to the amount of two thousand five hundred dollars 
each, given to Major General G. G. Meade, U. S. A., or his 
successors, to appear and report to the military authorities of the 
United States, at such time and place as the commanding officer 
of the Third Military District may direct. I have done this v/ith 
the concurrence and advice of Major Smyth, and by authority 
granted in a telegraphic dispatch of this day's date, from Head- 
quarters Third Military District. I hope this action will meet 
with the approval of the General Conunanding. 

I am glad to say that Major Smyth and myself are making very 
fair progress in our investigations here, and hope to be able in a 
few days to transmit some important testimony and information. 
I am, General, very respectfully, your obedient servant, 
(Signed) WILLIAM MILLS, 

Captain 16th U. S. Infantry, and Commanding Post. 

Official : 

li. C. DRUM, Assistant Adjutant General. 



[tklegram.] 

HEADQUARTERS THIRD MILITARY DISTRICT, 

[Department of Georgia, Florida and Alabama.) 

Atlanta, Geukgia, April 18, 1SG8. 

General Grant, Wasklngtmi, D. C. : 

I desire to have sent me, without delay, an experienced detective 



17 

to aid in detecting the Ashburn murderers. He should report to 
me in person at this place. Can such a person be sent? 

(Signed) GEORGE G. MEADE, 
Sent in cipher : Mcijoo- General. 

(Signed) J. C. GREGG, 

Cipher Operator Third Military District. 
Official : 

R. C. DRUM, Assistant Adjutant General. 



[TELEGRAM.] 

Washington, D. C, April 14, 1868. 
Major General Meade, Commanding : 

Your request for a man will be complied with. 

(Signed) U. S. GRANT, General. 
Received in cipher : 
(Signed) J. C. GREGG, per TINKER. 

Official : 

R. C. DRUM, Assistant Adjutant General. 



HEADQUARTERS THIRD MILITARY DISTRICT, 

[Department of Georgia, Florida and Alabama. ) 

Atlanta, Georgia, April 14, 1868. 
Brevet Brigadier General C. C. Sibley, U. S. Army, Commanding 
Sub-District of Georgia-. 

General : — I have the honor to acknowledge the receipt of 
Captain Mills' letter of the 10th instant, forwarding names of per- 
sons released on bonds, and who were implicated in the assassina- 
tion of Mr. Ashburn, and to inform you that the commanding 
General approves the course pursued by Captain Mills. 
Ver}^ respectfully, your obedient servant, 

(Signed) R. C. DRUM, 

Assistant Adjutant General. 
Official : 

R. C. DRUM, Assistant Ad'pda-nt General. 



HEADQUARTERS THIRD MILITARY DISTRICT, 

[Department of Georgia, Florida and Alabama.) 

Atlanta, Georgia. April 18, 186S. 
Captain :— This letter will be handed to you by Mr. Reed, who 
has been sent from the War Department, at my request, to assist 
you in your investigations connected with the murder of Mr. Ash- 



18 

burn. I have been awaiting your third nomination before making 
removals. I would have appointed you Mayor, and Dr. Tuggle 
Chief Marshal, but Major Smyth was of the opinion the Doctor 
would not care to be so appointed. I much prefer your acting as 
Mayor until the election, which will come off in a few weeks after 
the other is over. Major Smyth has posted Mr. Keed up in the 
progress you have made, and he looks favorably on the case. 
Kespectfully yours, 

(Signed) GEOKGE G. MEADE, 

Major General. 
True copy : 
(Signed) WILLIAM MILLS, 

Captain IGih Infanlry^ Coi7imandinc/ Post of Coh(ynhus^ Georgia. 
Official : 

R. C. DRUM, Assistant Adjutant General. 



[TELEGRAM.] 

HEADQUARTERS THIRD MILITARY DISTRICT, 

[Department of Georgia, Florida and Alahatna.) 

Atlanta, Georgia, April 20, 18«>8. 
General U. S. Grant, Washington, D. C. : 

H. C. Whitely, now in Kansas, and under the orders of the 
Commissioner of Internal Revenue, is very much wanted here in 
connection with the Columbus murder. I beg, therefore, the 
Commissioner may be urged to order him here at once to report 
to me. 

(Signed) GEORGE G. MEADE, 
(Sent in cipher.) Major Geyieral. 

Official: 

R. C. DRUM, Assistant Adjutant General. 



[TELEGRAM.] 

HEADQUARTERS THIRD MILITARY DISTRICT, 

[Depa7'tfnent of Georgia, Florida and Alabama.) 

Atlanta, Georgia, April 20, 1808. 
Captain Mills, Columhus, Georgia. 

Kansas reports ready to obey orders from Commissioner of 
Internal Revenue. Have telegraphed for orders to be sent to him. 
(Signed) GEORGE G. MEADE, 

Major General U. S. A , Comma ndi.ng. 
Official: 

R. C. DRUM, Assistant Adjutant General. 



19 

[TELEGRAM. | 

Washington, D. C, April 21, 1868. 
Mnjo7- General George G. Meade, Commanding Third Military 
District : 

The Commissioner of Internal Ee venue will telegraph H. C. 
Whitely to report to you, as requested in your dispatch to General 
Grant. 

(Signed) E. D. TOWNSEND, 
Keceived in cipher : Adjutant Gener-al. 

J. C. GKEGG, 

Cipher Oper^ator Third Military District. 

OFFICIAL : 

K. C. DEUM, Assistant Adjutant General. 



HEADQUAETEES POST OF COLUMBUS, 
Columbus, Georgia, April 21, 1868. 
General G. G. Meade, U. S. A., Atlanta, Georgia. 

General : — I have the honor to acknowledge the receipt of 
your note of the 18th instant, handed me by Mr. Eeed. I am very 
ghid to have his presence here, and have great hopes of success. 
When I wrote you by Colonel Sanders in reference to removals, I 
explained to the Colonel, in order that he might explain to you, the 
very great difficulty in findins; suitable persons to recommend to 
you ; and thought that if you thought proper to do so, you would 
remove the Mayor and the City Marshal, leaving the office of Mar- 
shal vacant until I could find a person to fill the vacancy, and 
appointing Thomas Grier Deputy Marshal, who is ex officio Chief 
of Police. If Dr. Tuggle's health would permit, he would accept 
any office you thought proper to appoint him to, but as Marshal he 
would be inefficient. I fully understand that j^ou desire in making- 
removals to do so for the public good. 

'I feel confident that if Mayor Wilkins was removed, the twelve 
Aldermen composing the Council would resign, and consequently 
the city government would be inoperative, as I cannot, and it 
would be impossible, send you the names of half that number of 
men to be appointed, who would accept and would be able to take 
the required oath. As I am situated at present, I feel able to con- 
trol the city authorities and preserve the peace independent of any 
police force; and just at this time, during the election, I have 
thought that removals would be disadvantageous to the success of 
reconstruction ; and Mr. Eeed and I have thought, also, an excite- 
ment of the kind might damage his prospects, which he looks upon 



2() 

now as very flattering. The second day of election has passed off 
without an arrest having been made, either by civil or military, 
and perfect order prevails. The Democrats are working hard, Ke- 
publicans are confident and acting independently, feeling assured 
of protection in their rights by your recent orders. I control mat- 
ters at the polls, no police are needed, and the managers and I 
perfectly understand each other. About 1600 votes have been 
polled up to to-night. I have thought it my duty to make the 
above statement to you, as I know and understand these people so 
well. 

When I recommend a person for appointment, I want him to be 
a reliable person in every particular, and qualified to perform his 
duties, and, I regret to say, I cannot find those kind of men here. 
Mr. Keed informed me to-night that he intends to write to you 
to-morrow. If I could have a reliable board of Aldermen, I should 
like very much to perform the duties of Mayor ; but, under the 
present circumstances, 1 do not see how I could control civil mat- 
ters any better, or as well as I can now as Post Commander. 

I shall take great pleasure in carrying out any measures that you 
may think proper to make to me. 

I remain. General, very respectfully, your obedient servant, 
(Signed) WILLIAM MILLS, 
Captain \(Sth U. S. Infant?^/, and Co:.nmanding Post. 
Official: 

K. C. DRUM, Assistanf Adjuiant General . 



Columbus, April 22, 1S«8. 
General Meade, Dear Sir: — I have been diligently at work 
since I arrived, procuring what information could be got at without 
creating suspicion. I find that the aim of the citizens is to put the 
blame on the Radicals, which I am satisfied they will perjure them- 
selves to do. I am in hopes we will work up the case so far as*to 
put the blame where it belongs. The great trouble is with the 
negro witnesses. They do know, but are afraid to tell what they 
know. I am anxious for Major Whitely to get here, as I under- 
stand you have sent for him, as we could work this case much 
better with his help. I am very sorry to say that I have not half 
the sympathy for these Southern people that I had when I came, 
particularly in this city. The city government is with them heart 
and hand, therefore you can not expect any assistance from that 
source. I am satisfied the city government would block our wheels 
at every opportunity. I am very much pleased with Captain Mills, 



21 

for 1 find him determined to do every thing in hi? power to bring 
the murderers to justice. 

I remain yours, very respectfully, 

(Signed) WM. H. REED. 

P. S. — The excitement has nearlj' died out. If nothing occurs 
to renew it for a few days, I think our chances will be better 
toward working up the case. 
Official : 

R. C. DRUM, Assistant, Adjutant General. 



[TELEGRAM.] 

Washington. I). C, April 22, 18G8. 
Major General Oeorge G. Mcade^ Cotnrnandhig : 

Whitely's leaving Kansas for several days will prejudice im- 
portant suits. Is it indispensible to justice that he now report to 
you ? Answer. 

(Signed) E. H. ROLLINS, 
Received in cipher : Commissioner. 

J. C. GREGG, 

Cipher Operator Third Military District. 
Official: 

R. C. DRUM, Assistant Adjutant General. 



[telegram.] 

HEADQUARTERS THIRD MILITARY DISTRICT, 

{^Department of Georgia^ Florida and Alabama.) 

ATLANTA, Georgia, April 23, 1SG8. 
To E. H. Rollins, Commissioner Internal Revenue, Washington, 
D. C. : 

Whitely is needed to assist in the work for which Reed was sent. 
General Grant or General Howard will explain nature of duty. 
He cannot come too soon, but of course application was based on 
your convenience and public exigency. 

(Signed) GEORGE G. MEADE, 

Major General. 
(Sent in cipher.) 
Official: 

R. C. DRUM, Assistant Adjutayit General. 



22 

[telegram.] 

Wi\SHiNGTON, D. C, April 2?, 1868. 
Major General George G. Meade, Commanding Third Military Dis- 
ti'ict : 
Whitely can start for Atlanta on the 28th. 

(Signed) U. S. GKANT, General. 
Keceived in cipher : 
(Signed) J. C. GKEGG, 

Cij^her Operator Third Military District. 
Official: 

R. C. DEUM, Assistant Adjutant Gene7^al. 



[TELEGRAM.] 

HEADQUARTERS THIRD MILITARY DISTRICT, 

{Department of Georgia, Florida and Alabama.) 

Atlanta, Georgia, April 23, 18G8. 
Captain Mills, Columbus, Georgia: 
Washington telegraphs, Kansas will be spared in a few days. 
(Signed ) GEORGE G. MEADE, 
Major Genet^al U. S. A., Commanding. 
Official: 

R. C. DRUM, Assistant Adjutant General. 



HEADQUARTERS THIRD MILITARY DISTRICT, 

{Department of Georgia, Florida a7id Alabama.) 

Atlanta, Georgia, May 2, 1808. 
Captain William Mills, Columbus. 

Captain : — This note will be handed you by Major H. C. White- 
ly, who has been sent to assist in the investigation novv going on at 
Columbus. Mr. Reed will explain the causeof Major W.'s arrival,, 
and I wish you to give him every facility, and to post him in what 
has already been done. 

Respectfully yours, 
(Signed) aEORGE^ G. MEADE, 

Major Goieral. 
True copy r 

(Signed) WILLIAM MILLS, 
Captain l()th Infantry, Commanding Post of Columbus, Georgia. 
Official : 

R. C. DRUM, Assistant Adjutant Gene7-al. 



23 

Columbus, Georgia, May 4, 1868. 
Sir :-:-SincG my arrival here, I have consulted with Captain 
Mills and Mr. Keed, and learned from tlieni all the points this far 
obtained. I am of the opinion that several of the persons who 
appear to be deeply implicated should be immediately arrested? 
and confined in some secure place away from here, where we could 
handle them in such a manner as to give sufiicient evidence to 
convict them. I sincerely believe, should these measures be carried 
out with severity and dispatch, that the whole affair would be 
brought to light. 

I am, sir, your obedient servant, 

(Signed) H. C. WHITELY, 

U. S. Treasury Agent. 
Major General Meade, Commanding Department. 

Official : 

R. C. DKUM, Assistant Adjutant General. 



HEADQUARTERS THIRD MILITARY DISTRICT, 

{^Department of Georgia^ Florida, and Alabama.) 

Atlanta, Georgia, May 0, 1808. 
Captain Mills, Columbus, Georgia. 

Sir : — You will arrest forthwith, and send to Port Pulaski, 
the following persons : James W. Barber, Wade Stevens, Joh:i Wells, 
(colored,) John McHenry ^to.jyler, (colored,) George Betz, jr., Robert 
Daniels a,nd Amanda Patterson. The Quartermaster's Department 
will furnish the necessary transportation, and you will send an 
ofiicer, who will notify the commanding officer. Fort Puluski, of 
the orders in the cases of these prisoners ; and on your notifying 
me of the arrests being made, the commanding officer, Fort Pulaski, 
will be instructed by telegram to take charge of them. 
Respectfully yours, 

(Signed) GEORGE G. MEADE, 

Major General. 
Official : 

R. C. DRUM, Assistant Ad/'pitant General. 



HEADQUARTERS THIRD MILITARY DISTRICT, 

{Department of Georgia, Florida and Alabama.) 

ATLANTA, Georgia, May 6, 18GS. 
H. C. Whitely, Esq., Columbus, Georgia. 

Sir : — I have received your letter, and have conversed with Cap- 
tain Mills and my Judge Advocate General upon the proposition 



24 

submitted by you. After reflection, I am not prepared to adopt 
to any great extent the plan of arresting parties on suspicion of 
their having knowledge upon the subject, unless the grounds are 
so strong as to render it very probable good result will follow. I 
theiefore think that for the present, the arrests should be confined 
to two or three of the most prominent, who could be sent to Fort 
Pulaski, and where you could make an eft'ort which, if it resulted 
successfully, might lead to additional arrests. These parties I will 
leave to Captain Mills and yourself, as I have great confidence in 
the judgment of this ofiicer, and I know that he is personally 
deerjily interested in bringing to light the facts of this terrible 
murder. 

Respectfully yours, 

(Signed) GEORGE G. MEADE, 

Major General. 
Official : 

li. C. DRUM, Assistant Adjutant General. 



Atlanta, Georgia, May 10, 18GS, 
To Colonel 31. 3Ialoney, Commanding Post of Savannah. 

Colonel : — The bearers, Messrs. Wbitely and Reed, are employed 
on secret service, which they will explain to you. Captain Mills, 
commanding at Columbus, is about sending certain prisoners to 
Fort Pulaski, and I desire that these gentlemen shall have access 
to these prisoners, and that their views as to the treatment of the 
prisoners shall, in all respects, be complied with by the command- 
ing officer of the Post. You will, therefore, afford these gentlemen 
every facility in the discharge of their duties, and give such orders 
as may be necessary, deriving your authority from this letter. 
Very respectfully, j'ours, 

(Signed) GEORGE G. MEADE, 

Major General Commanding. 
Official: 

R. C. DRUM, Assistant Adjutant General, 



HEADQUARTERS POST OF COLUMBUS, GEORGIA, 
Columbus, Geokgia, May 14, 1SG8. 
Brevet Brigadier General R. C. Drinn, Assistant Adjutant General 
Third Military District, Atlanta, Geoi'gia. 

Genebal : — I have the honor to report that I have this day 
arrested, and sent under guard to Fort Pulaski, the following 



25 

namod ('iti7.ons of this place : James W. Barber^ Wade Stevens, 
John Wells, (colored,) John McHenry Stapler, (colored.) 
I am, General, very respectfully, your obedient servant, 

(Signed) WILLIAM MILLS, 

Captain 16th Infayitry, Coinmand'mg Post. 
Officiat. : 

li. C. DRUM, Assistant Adjutant General. 



Fort Pulaski, May 18, 18CS. 

Sir: — On Friday last four prisoners were sent from Columbus, 
named James W. Barber, Wade H. Stevens, Henry Stapler, and 
Jidni. Wells. The two last nanii^d are colored men. The two 
first (white men) arc beyond all question implicated. The}^ are 
hard cases, and nothing can be learned from them xolth their con- 
sent. We are, however, in possession of certain facts gained by 
overhearing their conversation, that gives us positive knowledge of 
their complicity in the case. These parties are very cautious, and 
talk low, but enough has been heard to satisfy the most obtuse in 
regard to their guilt. One of the negroes (John Wells) we be- 
li(!V(^ to be entirely innocent. We have tested him thoroughly, and 
we think he has not the slightest knowledge of the case. The 
other negro man has some knowledge of the case, and has made 
some admissions rather damaging to Barber. We placed this 
negiv) in the cell with Barber to-day. They whispered a great 
deal together, and we heard Harber say to ihe negro, " Don't let 
tlicrn scare you — they can't prove anything; they will let us go 
in a day or two." This we heard distinctly, and other things. 
Some time afterward, we took the darkey" and stood him up in the 
box ; he soon agreed to talk, but only told that he met Barber next 
morning after Mr. Ashl)urn was killed. Barber was at a barber 
shop, where he got his whiskers all shaved off smooth. Barber 
then left town and was gone four days ; told him (the negro) not to 
tell of that. I asked him what Barber said to him this morning, 
when the soldier put them together by mistake. He said Barber 
only asked him how begot along, and said no more. Then I knew 
the negro was l^'iiig, and was not yet read}" to make a clean breast, 
for he was telling me what I knew to be false, and showing that he 
must have something to conceal 

When we placed the two white men in the same cell, they said a 
great many things that go to show their guilt ; among their con- 
versation they said that " a God damned sight of fuss was made 
about killing that son of a bitch, Ashburn, and by God there 



26 

would ho moro of tlio Riinio stripo mis»ini2;' ; mid tlmy did not 
care a damn for anythinc; short of hans^ing; and it was all a 
damned lie that had been told them about some of the party 
going back on them, and that all hell could'nt make them 
confess." 

The above is only a specimen of what was heard. I will not 
undertake to tell you more. I believe if this programme is carried 
out, and we can get the right persons here, we can get evidence 
sufficient to convict them. The woman Amanda, (white,) would 
be the most important one to bring here, for we know she was 
there, and we believe she possesses the facts and will blow as soon 
as she is out of the control of the rebels. She made it convenient 
to be sick when wanted, which is all v^ry well, but ought not to 
be allowed at this stage of the game. We want her bad. We 
wantGoorge Bctz, jr., for we have got point blank evidence against 
him, and can handle him to good advantage. The next in impor- 
tance is Bob Daniels. With these three parties, I believe we can 
make such developments as will enable you to open up the case. 

We know your deep anxiety in this case, and we will leave no 
stone unturned to ferret it out and bring it to a successful issue, if 
you will only give us the pi^rsons needed, and unless we can get 
them it is useless for us to remain here. The commandant of the 
Post renders us every assistance. He clearly comprehends the 
case. Will you please answer me in some manncir by telegraph, 
on receipt of this, whether or no this course meets your approval, 
and if the above named parties will be sent. Should this course 
seem to you ini])rudent, and not likely to succeed, will you let us 
know, as we can do nothing further until we can get more of the 
parties wanted. I want your answer, and trust you will respond 
quickly. 

I have the honor to be your obedient servant, 

(Signed) H. C. WHIT ELY. 

To General George G. Metule, Commanding, Atlanta, Georgia. 

Official: 

K. C. DRUM, A.^.vsf(f)it Adjuiant Genernl. 



Fort Pltl.\ski. May 18, 1S08. 
Dear Sir: — Yours received. We, too, are somewhat dis- 
ai)|)ointed in not getting mor(» of the right parties. The two white 
men are jiOf<i.iively cpiiliy. One of the negroes we believe to be 
innocent, but Henry Stapler, the other, is of some importance. 
Please send the woman Amanda, with George Betz, jr., and Bob 



27 

Diiniols; wo have some important points chained on thom. Should 
it bo consistent for you to do so, please do it at once, as delays are 
dangerous at this stage of the case. We overheard some important 
conversation between the two white men. The more 3'ou can send 
the better. Wishing you much success in your difficult task, I 
have the honor to be, 

Your obedient servant, 

(Signed) H. C. WHITELY. 
Captain Wm. Mills, at Columbus, Greorgia. 

Official : 

R. C. DRUM, Asfiisfani Adpdani General. 



HEADQUARTERS POST OF COLUMBUS, 
Columbus, Georgia, May 20, l.sOS. 

Major General Genrije G. Meade, U. S. A., CommandiiKj Tlilrd 
Militarii Disfrirt. Atlanta, Georgia. 

Ge^teral : — I have the honor herewith to transmit, for your 
information, a letter received this day by me from Major Whiteiy, 
and bv whicli you will see he desires I should arrest other parties, 
and send them to Puiaski. The woman spokm of (Amanda), 
and the man (Bob Daniels), I can send any time; but the man 
(xeorgo Betz is an employee on the Montgomery and West Point 
Riilroad, and has not bjcn to this place for the past month. Hi.s 
lamily resides here, and he formerlv ran on the train between here 
!ind Opeleika. I can find him by sending to Opcleika, and taking 
him from the West P(jint train. He and the woman were parties 
that T intended to have sent in the first place, bat the woman was 
sick at that time, and Betz was not, here. Having made one arrest 
of parties, I don't like to make any further arrests without know- 
ing your views on. the subject. The news from Major Whitelj" I con- 
sider very satisfactory, considering the very short time the parties 
have been in his charge. Ver}- little is said here about these arrests, 
but I know that great uneasiness prevails among certain parties. 
If you direct that I shall send the parties named by Major Whitelj'', 
to Pulaski, please instruct me by telegraph in the following words: 
'• Send at once." I will understand by that your approval. If I 
don't hear from 3^ou at all, 1 will understand you do not desire me 
to do so. To arrest this man Betz, who, I have no doubt at all, 
was one of the parties who did the shooting, it may be necessary 
for me to get him at Montgomery. If such should be the case, can 



28 

I sond thcro and arrest him, or shall I have it done through tlio 

post commander there? He is very important to have in charge. 

I am, General, very respectfully, your obedient servant, 

(Signed) WILLIAM MILLS, 

Capf. \Mh Infantry^ Commanding Post. 
Official : 

R. C. DKUM, Assistant Adpdant General. 

[telegram.] 
HEADQUAllTEKS TIIIKI) MILITARY DISTRICT, 

{Department of Georgia, Florida and Alabama.) 

Atlanta, Gkorcha, May 1^2, 18n8. 
General (). L. Shepherd, Montgomery, Alabama : 

Captain Mills, at Columbus, will send properly authorized ]ier- 
sons to Montgomer3^ Any directions received through this chan- 
nel will be considered as orders from these Headquarters. 
(Signed) GEORGE G. MEADE, 

Major General U. S. A., Convnandiini. 
Official : 

R. C. DRUM, Assistant Adjutant General. 



[telegram.] 
HEADQUARTERS THIRD MILITARY DISTRICT, 

{Depyartment of Georgia, Florida and Alo,ba.ma..) 

Atlanta, Geougia, May 22, 18(>8. 

Captain William Mills, Commanding, Columhns. Georgia: 

Send at once. General Shepherd, at Montgomci-y, iclcgrajilic:! 

to execute any orders conveyed through yon. 

(Signed) GEORGE G. MExVDE, 

Major General U. iS. A., Commanding. 
Official : 

R. C. DRUM, Assistant Adjutant General. 



[telegram.] 
HEADQUARTERS THIRD MILITARY DISTRICT, 

[Departaient of Georgia, FLorid-a and Alahanid.) 

Atlanta, Georgia, May 22, 18(58. 

Lieut. Colonel Maloneg, SavannaJi, Georgia: 

Tell Whitely thfit Captain Mills has been ordered to send the 

articles lu; wants. 

(Signed) GEORGE G. MEADE, 

Major General U. S. A., Commanding. 
Official: 

R. C. DRUM, Assistant Adjutant General. 



29 

HEADQIJAKTP^RS POST OF COLUMBUS, 

CoLUMims, Gkorgia, May 22, 18G8. 
Major General G. G. Meade, U. S. A., Commanding Thiixi Military 
Dist7'ict, Atlanta, Georgia. 

General : — 1 have the honor to acknowledge the receipt of your 
telegram of this day's date, and to-morrow I intend to comply with 
its instructions. I am glad to say that I shall not be obliged to 
trouble General Shepherd, as yesterday morning I found the man, 
whom I expected to have to send for, in town, and I immediately 
arrested him. I consider having him in custody one of the most 
important points in the case obtained. Within the last day or two 
I have obtained some very important information in connection with 
this man , which I shall transmit to Major Whitely by my Lieutenant 
to-morrow. I have information that some of the parties whom I 
had in arrest here, and were released on bond, are about to leave 
here; but if they do, and should eventually be required, I think 
their whereabouts can be found at any time. If what has been done 
so far does not result in great succiss, I shall be very mmth dis- 
appointed, as I feel confident now there caji be; no failure. I shall 
to-morrow notify (xcneral Drum by telegraph of the departure of 
the prisoners, and also the commanding officer at Savannah, so 
that there may be no delay in transportation to the fort. 

lam, General, very respectfully, your obedient servant, 

(Signed) ' WILLIAM MILLS, 
Captain \&th Infantry, Comm.anding Post. 
Official : 

K. C. DRUM, Assistant Adjutant General. 



HEADQUAPvTERS POST OF COLUMBUS, 

('olumbUkS, Georgia, May 23, 18G8. 
Brevet Brigadier General R. C. Drtnn, Assistant Adjutant General, 
Third Miiifary District, Atlmita, Ga. 

General: — I have the honor to report that in obedience to 
instructions of the General commanding the District, I have this 
day arrested and sent to Fort Pulaski, Ga., the following named 
citiz(!ns of this place: George Betz^ jr.; Robert Daniels, and 
Am,anda Patterson. 

I am, General, very respectfully, your obedient servant, 

(Signed) WM. MILLS, 
Captain l&th Infantry, Commanding Post. 
Official: 

R. C. DRUM, Assistant Adjutant General. 



30 

HEADQITAKTERS THIRD MILITARY DISTRICT, 

[Department of Georgia, Florida a.nd Alabayna.) 

Atlanta, Georgia, May 29, 1868. 
Brt. Brig. General Sibley^ Commanding Sub-District of Georgia. 

General: — I desire you will, with the least practicable delay, 
prepare suitable quarters at the barracks in this place, for the 
confinement and guarding of a number of prisoners and witnesses. 
There will be from eight to ten prisoners, who should be secluded 
from all intercourse with each other, or with any one. There will 
then be also several witnesses of both colors ; say some ten 
women, and then some twenty-five male witnesses, whom it is 
desirable to have under such restraint as will prevent people from 
tampering with them. You will call upon the Quartermaster's 
Department for such aid as may be necessary, and you will make 
suitable arrangements for comfortably victualling all the prisoners 
and witnesses ; the accounts for which will be paid out of the Civil 
Service Fund. You will please report so soon as all the ari-ange- 
ments above detailed are completed. 

Respectfully yours, 

(Signed) GEORGE G. MEADE, 

Major General Coninuniding. 
Official : 

R. C. DRUM, Assi.sta7it Adjutant General. 



HEADQUARTERS THIRD MILITARY DISTRICT, 

{De^^artraent of Georgia, Florida and Alabama.) 
Atlanta, Georgia, May 30, 18()S. 
Lt. Col. M. Maloney, JJ. S. A.^ Commanding Post of Havannah,Ga. 
Sir : — I desire to have the woman A^yianda Patterson, now in 
confinement at Fort Pulaski. You will, therefore, please send her 
at once under suitable escort, and Mr. Reed had better accompany 
her. On her arrival here, she will be turned over to General Sib- 
ley. Great care must be taken that she is not allowed to hold any 
communication v/ith any one upon any pretext whatever. And I 
take this occasion to direct that the prisoners at Fort Pulaski be not 
allowed to see any one, and that you prohibit visitors to Fort Pu- 
laski so long as the Columbus prisoners are there. I speak of this 
the more particularly because I have been informed that persons 
have been allowed to communicate with them. 

Very respectfully, your obedient servant, 

(Signed) GEORGE G. MEADE, 
Major General U. S. A., Commanding. 
Official : 

R. C. DRUM, Assistant AdjutaM General. 



31 

HEADQUARTERS THIRD MILITARY DISTRICT, 

{Pepartinent of Georgia^ Florida and Alabama. ) 

Atlanta, Georgia, June 3, 1868. 
Brevet Brigadier General C. C. Sibley, U. S. A., Comvianding Sub- 
District of Georgia. 

G-ENERAL : — Ihe Commanding General has informed Captain 
Mills til at the prison at McPherson Barracks is prepared for the 
reception of the prisoners now in confinement at Fort Pulaski and 
that may be at Columbus, Georgia. He has been directed to give 
you timely notice of their arrival here, so that you may be prepared 
for their reception, and to indicate to you when he wants those at 
Pulaski sent to Atlanta. On the receipt of the latter infor- 
mation, you will direct the commanding officer at Savannah to 
send them here under a proper guard. The General desires to 
impress upon you the necessity of selecting proper persons to act 
as guards, and that they be carefully and fully instructed to pre- 
vent the prisoners holding any communication whatever with any 
persons other than the guards. The some rule will apply to 
witnesses sent under guard. 

Very respectfully, your obedient servant, 

(Signed) R. C. DRUM, 
Assistant Adjutant General. 
Official : 

R. C. DRUM, Assistant Adjutant General. 



HEADQUARTERS THIRD MILITARY DISTRICT, 

[Department of Georgia., Florida a.nd Alabama.) 

Atlanta, Georgia, June 7, 1868. 
Commanding Officer, Savannah, Georgia. 

Sir : — The commanding General directs that John Stajyler and 
JoJm Wells, (colored,) confined at Fort Pulaski, will be released 
from confinement as soon after the receipt hereof as practicable. 
You will furnish these men transportation back to Columbus, 
Georgia. 

The bearer of this letter, Mr. Reed, will be afforded an oppor- 
tunity of seeing these men previous to their release. 
Very respectfully, your obedient servant, 

(Signed) R. C. DRUM, 
Assistant Adjutant General. 
Official : 

R. C. DRUM, Assistant Adjutant General. 



32 

HEADQUARTERS THIRD MILITARY DISTRICT, 

{Department of Georgia, Florida and Alabama. ) 

Atlanta, Georgia, June 7, 18G8. 
Major Smyth, Acting Assistant Judge Advocate. 

Major : — In the absence of General Dunn, I wish you to take 
charge of the case of the Ashburn murderers. I desire General 
Dunn to conduct the case, associated with Ex-Governor Brown, 
whom I have employed, and by yourself also. I wish the case 
tried as soon after the return of General Dunn, as he can prepare 
himself. General Dunn will order the Court, which should be 
carefully selected from reliable officers of judgment and character. 
The prisoners should be furnished with charges, notified of trial, 
and every facility given them for communication with counsel. If 
in your judgment and that of General Dunn, any of them can be 
released on bail or discharged altogether, I wish you to act with- 
out further instructions needed in all matters relating to this trial. 
I desire to invest General Dunn and yourself with full power, and 
you will show this note to an^' officer whom it may be necessary 
to communicate with, who will consider your wishes as my in- 
structions. I trust there will be as little deUiy as possible in 
bringing the case to trial. 

Respectfullv yours, 

(Signed) GEORGE G MEADE, 

Maj<)r-Gcne7-al. 
Official: 

R. C. DRUM, Assistant Adjutant General." 



HEADQUARTERS THIRD MILITARY DISTRICT, 

[Department of Georgia, Florida and Alabama.) 

ATLANTA, GE()Ji(iIA, JiUlO 2(). ISOS. 

(Captain William. Mills, Commanding, Cohmibus, Georgia. 

Sir : — Referring to your private letter to Brevet Major Smyth 
relative to the arrest of a ctu-tain party, and desiring authority, if 
necessary, to use force in the capture of this prisoner, the Major 
General Commanding directs me to say that he authorizes the em- 
ployment of such force and means as you may deem necessary 
for this purjwse. 

Very respectfully, your obedient servant, 

(Signed) R. C. DRUM, 

Assistant Adjiitant General. 
Official : 

R. C. DRUM, Assistant Adjutant General. 

[This had reference to the arrest of Hennis. who was supposed 
to be secreted on a plantation near Ct»lumbus, (ioorgia.] 



33 

HEADQUAPvTERS THIKD MILITAEY DISTRICT, 

[Department of Georgia, Florida a.nd Alabama.) 

Atlanta, Georgia, June 26, 1868. 

General John M. Schojield, Secretary of War, Washington : 

I deem it of the utmost importance, not only for the ends of jus- 
tice, but for my personal vindication, that the Ashburn murderers 
should be tried by Military Commission, and I have accordingly 
ordered the trial for Monday next. Before going north, I retained 
ex-Governor Joseph Brown as counsel for the Government. I 
deem his services of great importance, not only for his legal ability 
bill for the influence his position in the State will give the prose- 
cution. He has been actively employed during my absence, but 
to-day, on my asking him what his fee would be, he replied, "Five 
thousand dollars." I stated that I did not feel authorized to pay 
such an amount without the sanction of superior authority. He 
expressed his willingness to withdraw, and not to communicate any 
information he had obtained. In view of the great importance of 
the case, of the value of Governor Brown's services, of the fact 
that a large fee will have to be paid him for what he has done, I 
would strongly recommend my being authorized to pay the amount 
asked, as I am satisfied he would have received double, if not quad- 
ruple,- the amount from the other side, who approached after I had 
retained him, and said " any amount of money could be raised." 
I should mention, the prisoners have employed over a dozen of the 
best lawyers of the State, and that besides my Assistant Judge 
Advocate General, I have only Governor Brown. The evidence 
accumulated is of the most positive ground, and leaves no doubt of 
the connection of the principal actors in the tragedy. Please advise 
me as soon as possible, and, if authorized, and there is no fund 
available, have an item introduced into pending bill to cover the 
expenses of this trial. 

(Signed) GEORGE G. MEADE, 

Major General U. S. A. 
Official: 

R. C. DRUM, Assistant Adjutant General. 



Atlanta, Georgia, June 27, 18()H. 

Sir : — At your request, I herewith present you with a true 

statement of the manner of treatment of Columbus prisoners 

arrested by your order. The first two (white) sent are now in 

McPherson Barracks, viz., James W. Rarher and Wade H. StepJi.ens. 



34 

vVitli the exception of the confinement, they have been treated 
from the beginning with the utmost kindness. Let them speak for 
themselves. 

John Wells, (negro,) when first put in Fort Pulaski was put in a 
chair, his head was soaped, and some intimations given him that 
his head was about to be shaved. He got badly frightened, upon 
which I took him one side to try to confess him ; told him to come 
out and tell me the facts in the Ashburn murder, and I would save 
his head being shaved. He swore by all that was high and holy 
he knew nothing of the affair, and after bantering him for a short 
time, I let him go, and he had the privilege of the fort until re- 
leased by your order. 

John Stapler^ (negro,) was treated in like manner and with like 
results. A few days afterward, I placed the same negro [Stapler) 
in the cell with Barber for the space of twenty minutes, or such a 
matter. 1 listened from the outside, and hoard Barber talk consid- 
erable to the negro in an undertone. When I took the negro out, 
he said Ba?'ber said nothing to him, which looked a little suspicious, 
showing there was something to conceal. The negro was then 
placed in a small cell, that Captain Cook informed me had been 
built for the purpose of confining soldiers, and that one had been 
confined there three days. After the negro had been in some half 
an hour, he called for me and said he wanted to tell me something 
— said th'it on the morning after Mr. Ashburn was killed, he saw 
Barber get his whiskers shaved off. He would tell nothing m')i'e, 
and he was returned to the small cell. I left that afternoon for 
Savannah, and left the affair in the hands of Mr. Eeed. When I 
returned the next day, the negro I found had been released, and 
had told nothing more. Beyond this, I am certain the negroes 
have nothing to complain of, for they had been treated with kind- 
ness and consideration. From the beginning, I did not really 
believe these or any other negroes w^ere guilty in this case, but 
these two had been very strongly suspicioned, and had been sent 
by Captain Mills with the impression that they knew tfie whole 
affair. I, thinking they could be frightened out of it, took this 
method to scare them. I kn(.)w the negro character well, and I 
know that he has been subjected to intimidations all his life, and 
is naturally more easily frightened into measures than white men. 
With this examination I was satisfied as to the negro. 

With these exceptions, no act of pressure whatever has been used 
to my knowledge. The statements sent broadcast over the land 
are false in every particular, without even a shadow of foundation ; 
and I am surprised at the amount of credit attached to these stories, 



35 

and even too by persons who have had every facility to know of 
their falsity. I only abide my time for an opportunity to contradict 
them ; and when this case is tried, let the sword of justice fall where 
it will, I am willing to stand all the bitter curses that have been 
heaped upon me, and the Government that I serve. I tell you now 
that no act of oppression has been resorted to, with the foregoing 
exceptions, and if, upon examination by fair men, it can be shown 
that I ever have, by any act, maltreated any of these prisoners, 
then I will forfeit all respect of the country. I make these asser- 
tions to satisfy you, and you will find, upon investigation, that the 
eonfidencB you first placed has not been misplaced. 

Messrs. Daniels, Betz, Bennet and the two others, the only white 
men sent to Fort Pulaski, with the exception of Daniels are now at 
the barracks, and will very certainly vouch for the truth of what I 
say. Mr. Daniels has been released on bond. I herewith submit 
the statement of all the prisoners now in confinement at the bar- 
racks. 

Your most obedient, 

H. C. WHITELY, 

Sjjecial Agent. 

Major General George G. Meade. 



CELL No. 2, McPHEKSON BARRACKS, 
Atlanta. Georgia, June 20, 1S0^>. 

To all lo/iom it wny concern, 

Grep:tixg : — This is to certify that during my confinement in 
the cells of these barracks, that ofiicers and soldiers have been 
universally kind. H. C. Whitely, E^q., the United States Agent, 
has treated me very kindly indeed, showing me all the respect due 
from one gentleman to another, and in all his visits to me in the 
cell, 1 have found him to have the bearing of a gentleman. As to 
his treatment of my fellow prisoners, so far as my personal knowl- 
edge goes, he has likewise treated them. But as to the confinement 
in these hot and suifocating cells, I protest in the name of humanity ; 
and I know of no crime against either civil or military law that I 
am guilty of. and only wait a fair and impartial trial to prove my 
innocence of any crime whatever. 

(Signed) E. J. KIRKSCEY, M. D. 

We, the undersigned prisoners, confined in McPherson Bar- 
racks, fully concur and endorse the within statement of our fellow 



36 

prisoner, Dr. E. J. Kirkscoy, and with him protnst against our 
confinement, being guilty of no crime against any hxw or land. 

(Signed) A. C. KOPER. 

(Signed) J. W. LAWRENCE. 

(Signed) C. 0. BEDELL. 

(Signed) JAMES L. WIGGINS. 

(Signed) R. A. WOOD. 

(Signed) JAMES W. BARBER. 

(Signed) W. L. CASH. 

(Signed) W. A. DUKE. 

(Signed) W. D. CHIPLEY. 

Ills 

(Signed) ROBT. Xj HUDSON. 

mark 

his 

(Signed) DUEY ^ LAAVRENCE. 

mark. 

So far as treatment is concerned, we, the undersigned, full}- con- 
cur in the witliin named statement. 

(Signed) A.G.BENNETT. 
(Signed) GEORGE F. BETZ. 
(Signed) WADE H. STEPHENS. 
(Signed) CHAS. MARSHALL. 



WAR DEPARTMENT, 
Washington, D. C, June 27, 186s. 
Majo7' General George G. Meade, Com.mand'mg Third Military 
District : 

Your proposition relative to employment of counsel in the mur- 
der case, is approved. 

(Signed) J. M. SCHOFIELD. 

Sen-etari/ of M'ar. 
Received in cipher : 

(Signed) J. C. GREGG, 

Cipher Operator TJiird MHitary District. 

OFFICIAL : 

R. C. DRUM, Assistant Adjutant General. 



HEADQUARTERS THIRD MILITARY DISTRICT, 

[Department of Georgia, Florida and Alabama.) 

Atlanta, Georgia, June 30, 1808. 
Commanding Officer Fort Pulaski, {tfirough Cotninanding Officer 
Sub-District of Georgia). 

Sir: — Owing to certain statements made to the effect that such 
of the Columbus prisoners, or some of them, confined temporarily 



87 

at Fort Pulaski, were, during some portion of said confinement, 
subjected to cruel and inhuman treatment, the commanding- Gen- 
eral desires you to report fully on the treatment and management 
of these prisoners at your post, stating the character of the treat- 
ment, from whom received, and under what authority. 
Very respectfully, your obedient servant, 

(Signed) R. C. DRUM, 
Assistant Adjutant General. 
Official r 

R. C. DRUM, Assistant Adjutant General. 



[TKLEGRAM.l 

HEADQUARTERS THIRD MILITARY DISTRICT, 

[Department of Georgia, Florida and Alabama .) 

Atlanta, Georgia, June 30, 1S()8. 

Hon. Secretary of War, and General U. S. Grant, Washitigton : 

When I left Washington, I was of the opinion that the trial of 
all civil prisoners might be, and should be, left to the civil author- 
ities on the admission of the State. Since my arrival, owing to 
the developments in the Ashburn murder case, the intense ex- 
citement produced by the same, and the false and malicious state- 
ments made for political jiurposes, I deem it most urgent that this 
trial should be carried on to the end by the military authorities, 
(/olonel Schofield will apprise you of the character of the evidence ; 
but every conceivable obstacle is being resorted to to produce 
delay, with the intention of taking the prisoners out of my hands 
by writ of habeas corpus, so soon as the State is supposed to be 
admitted. I think, therefore, for the purposes of justice, some 
action should be had in Congress continuing the trial of all cases 
by Military Commission, pending at the time the State is admitted. 
Can not this be done ? 

(Signed) GEORGE G. MEADE, 

Major General. 
(Sent in cipher.) 

(Signed) J. C. GREGG, 

Cipher Operator Third Military District. 

OFFICIAL : 

R. C. DRUM, Assistant Adjutant General. 



38 

HEADQUARTERS THIRD MILITARY DISTRICT, 
Atlanta, Georgia, July 1, 18(iS. 
Brevet Brigadier General C C. Sibley, U. S. A., Coynnuindinq Sub- 
District of Georgia. 

General : — The Major General Commanding; desires to be fur- 
nished with official copies of any letters or instructions you 
received from him relative to the Ashburn murder, or the arrest 
or confinement of the persons known as " Columbus prisoners.'* 
Very respectfully, your obedient servant, 

(Signed) R. C. DRUM, 
Assistant Adjutant General. 
Official : 

R. C. DRUM, Assistant Adjutant Geveral. 



HEADQUARTERS SUB-DISTRICT OF GEORGIA, 
Atlanta, Geor;.ta. July ;;. iscs. 

Breret Brigadier General R. C Dram., Asi<lstant Adjntant General 
Third Military District, Atlanta, Georgia. 

Sir : — In compliance with instructions contained in a commu- 
nication from 3^our Headquarters, dated July 1, ]8()8, I have tlio 
honor to submit the following report in regard to instructions re- 
ceived from Headquarters Third Military District in the case of 
the Columbus prisoners supposed to be implicated in the assassina- 
tion of the Hon. Mr. Ashburn, and to enclose official copies of all 
communications connected therewith. Enclosure A, letter re- 
ceived ; B, ditto ; C, a letter addressed to Brevet Major Smyth by 
Major General George G. Meade. This letter was produced by 
Major Smyth, and upon this were based letters of instruction to 
the commanding officer Post of Atlanta, directing him to carrj^ 
into execution certain actions desired by Major Smyth. D, lettoi- 
of instructions given to the commanding officer of the Post; E, 
Special Order. No. 92, current series, from these Headquarters ; F, 
H, I, K, L, M, N, O, instructions given by request of Major 
Smyth, authority for which is contained in enclosed letter C; let- 
ter from C. C. Bedell, marked P ; letter from W. D. Chipley, 
and endorsements from Headquarters Third Military District, 
marked R ; G, directions in obedience to endorsement contained 
on letter B ; S, letter received from Major Smyth. 'J hese letters, 
written to the commanding officer of the Post, were in accordance 
with verbal wishes of Major Smyth and General Dunn. Verbal 



39 

inptrnctidns wore nlso givon b}' Major (TPnora] Moado to permit 
the Rev. Dr. Brantley to visit these prisoners. 

Very respectfully, your obedient servant, 

C. C. SIBLEY, 
Colonel and Brerrf Brigadier General U. S. A., Commanding. 



[enclosure " A."] 

(For this enclosure see page 30, "Letter to Brevet Brigadier 
General kSibley, commanding Sub-District of Georgia, dated Head- 
quarters Third Military District, May 29, 18()8.") 

~» 

[enclosure " B."] 
(For this enclosure see pagp 31, " Letter to Jirevet Brigadier 
General Sibley, commanding Sub-District of Georgia, dated Head- 
quarters Third Military District, June 3, 1808.") 

[enclosure '< C."] 

(For this enclosure see page 32, " Letter to Major Smyth, 
Acting Assistant Judge Advocate, dated Headquarters Third Mili- 
tarv District, Juno 7, 1808.") 



[enclosure " D "] 

HEADQUARTERS SUB-DISTRICT OF GEORGIA, 
Atlanta. Georgia, June 4, 1868. 
Brt. Colonel T. W. Sween.i/, U. S. A., Comma ndlnc/ Pofif of Ailanfa, 
Georgia . 

Sir : — -I am directed by the Brevet Brigadier General command- 
ing to inform you that the female prisoner delivered at your Post 
this A. M., (by nanie Amanda Patterson,) by a detachment of 
Company C, IGth Infantry, will be kept in such confinement as 
will comply with Special Orders No. 92, paragraph I, current 
series, from these Headquarters, and such instructions as you have 
received for the security of such prisoners. 

Very respectfully, your obedient servant, 

(Signed) EDWARD P. DOHERTY, 
lat Lieut. ^^i}>. Cavalry^ Ac.ig. Assi. AdJHtant General. 

A TRUE COPY : 

(Signed) J. E. HOSMER, 

l.s;^ Lieut. lC)th Infantry , Acting AssiMant Adjutant General. 



40 

[enclosure " E."] 

HEAPQUAETERS SUB-DISTRICT OF GEORGIA, 
Atlanta, Georgia. Miiy 80, 1S08. 

Spe(;ial Orders, 



No 92. 

^ I. — The Commandinii; Officer Post of Atlanta will at oiico 
have preparations madi; at McPherson Barracks to keep in con- 
finement ten prisoners, to bo secluded from intercourse with each 
other or any other person. Pie will also make arrang-ements for 
quartering- some ten female and twenty-five male witnesses, of both 
colors, under such restraint as to secure them from escape, and to 
prevent them from being tampered with. Arrangements will also 
be made for comfortably victualling both prisoners and witnesses. 
A report will be made to these Headquarters as soon as these 
arrangements are completed. 

The Quartermaster's Department will furnish the necessary aid 
to carry this order into eftect. 

By command of Bvt. Brig. Gen. Caleb C. Sibley: 

(Signed) EDWARD P. DOIIERTY, 

Isi Lieut, ofh U. S. Caralry, Acfg. Asst. Adjuiani General. 

Official: 

J. E. HOSMER, 

l.s'^ Lieut. 16th Infantry, Aetg. A^i^t. Adjuiant Genvral. 



[enclosure " F."'] 

HEADQUAKTERS SUB-DISTRICT OF GEORGIA, 

Atlanta, Georgia, June 5, ISOS. 

Brevet Colonel T. W. Sitieeney^ U. S. A., Conirnanding Post of 

Atlanta, Georgia. 

Sir: — The Brevet Brigadier General commanding directs me to 
inform you that there will arrive upon the 5.30 o'clock (this P. ]M.) 
train, from Columbus, six witness prisoners, whom you will pro- 
vide for in accordance with previous instructions. 

I am very respectfully, your obedient servant, 

(Signed) JOHN E. HOSMER, 

1st Lieut. \6th Infantry, Actg. Asst. Adjutant General. 

A TRUE COPY : 

(Signed) ,]. E. HOSMER, 

1st Lieut. IGt/i Infantry, Actg. Asst. Adjutant General. 



41 

[Enclosure "G."] 
HEADQUAKTERS SUB-DISTRICT OF GEORGIA, 

Atlanta, Georgia, June 7, 18G8. 
Bvt. Col. T. W. Sweeyiy, U. S. A., (hrmnandlng Post of Atlanta^ Ga. 

Sir : — The Brevet Brigadier General commanding directs if the 
Cohimbus prisoners will give bonds not to attempt to escape, or 
hold intercourse with any persons but such as are authorized by 
him, you will remove them to the officers' quarters, and make 
them as comfortable as possible, and consistent with their being 
under proper surveillance. 

Very respectfully, your obedient servant, 

(Signed) JOHN E. HOSMER, 
\st Lieut. IQth Infantry, Acting Assistant Adjutant General. 
A TRUE COPY : 

J. E. HOSMER, 

\st Lieut. IGth Infantry, Acting Assistant Adjutant General. 

[enclosure "H."] 
HEADQUARTERS SUB-DISTRICT OF GEORGIA, 
Atlanta, Georgia, Juno 10, ISGS. 
Bvt. Col. T. W. Siveeny-, U. S. A., Comma'iiding Post of Atlanta, Ga. 

Sir: — I have the honor to forward to yowv post the following 
named prisoners, of whom the following dispositions v\^ill be made, 
by direction of the Brevet Brigadier General commanding : A. G. 
Bennett, to be placed in the lower front room in the officers' quar- 
ters, occupied by witnesses ; John Stapler (colored), to be placed 
in lower rear room, with Clark and Kimball, colored witnesses, in 
officers' quarters ; Bob Daniels, to be placed on same footing as the 
prisoners in the Colonel's quarters ; James Barber, Wade Stephens 
and George W. Betz, to bo placed in separate cells and allowed no 
communication with each other, or with outside parties. 
Very respectfully, your obedient servant, 

(Signed) JOHN" E. HOSMER, 
\st Lieut. IQth Infantry, Acting Assistant Adjutant General. 
A TRUE COPY : 

J. E. HOSMER, 

Is^ Lieut. IGth Infantry, Acting Assistant Adjutant General. 

[enclosure "I."] 
HEADQUARTERS SUB-DISTRICT OF GEORGIA, 
Atlanta, Georgia, June 10, 1868. 
Bvt. Col. T. W. Sweeny, U. S.A., Coiiimanding Post of Atlanta, Ga. 
Sir : — The Brevet Brigadier General Commanding directs you 



42 

to order your Quartermaster to furnish the Columbus prisoners 
now in your custody, blankets, bedsacks, straw, mess pans for 
wash basins, and such other articles as may be necessary for the 
comfort and cleanliness of said prisoners. Also, that the oflBccr 
of the day at McPherson Barracks be instructed to give Major 
Smyth or Mr. Whitely, Government agent, while present at the 
McPherson Barracks, entire control of the Columbus prisoners 
now confined at that place, and afford them every facility in his 
power in carrying out such arrangements as they may deem ad- 
visable in relation to said prisoners. 

Very respectfully, your obedient servant, 

(Signed) JOHN E. HOSMER, 

Is^ Lieut, l^th Infantry^ Acting Assistant Adjutant General. 

A TRUE COPY : 

J. E. HOSMER, 

\st Lieut. HWi Infantry, Acting Assistant Adjutant General. 

[enclosure "K."] 
HEADQUARTERS SUB-DISTRICT OF GEORGIA, 
Atlanta, Georgia, June 12, lbG8. 
Bvt. Colonel T. W. Sweeny, Cotnynanding Pust of Atlanta, Georgia. 

Sir: — Pursuant to instructions from Headquarters Third Mili- 
tary District, the Brevet Brigadier General commanding directs 
you have Coluuibus Bedell, one of the Columbus prisoners, taken 
from his present place of confinement, placed in a separate coll 
at the guard house, placing him on the same footing as to fare, etc., 
as those already placed in the cells, and allowed no communication 
either with the other prisoners, or with outside parties. While 
there is no objection to the prisoners in the Colonel's quarters re- 
ceiving such articles as may be necessary for their comfort, it is 
not desired that they be furnished with too many luxuries, nor the 
impression created by their treatment that these men are not held 
upon grave and serious charges. 

Very respectfully, your obedient servant, 

(Signed) JOHN E. HOSMER, 
\st Lieut. \Qt.h Infantry, Acting Assistant Adjutujit General. 
A TRUE COPY : 

J. E. HOSMER, 

l.S'^ Lieut. \Q)th Infantry, Acting Assistant Adjutant General. 

[ENCLOSURE " L."] 

HEADQUARTERS SUB-DISTRICT OF GEORGIA, 
Atlanta, Georgia, June 17, 1S68. 
Bvt. Col. T. W. Sweeny, U. S. A., Co7nmanding Post of Atlanta, Ga. 
Sir : — The Brevet Brigadier General commanding directs me to 



43 

inform you that Major Smyth, U. S. A., will arrive in this city 
by the West Point train, at 5.30 this P. M., with eight (8) pris- 
oners, from Columbus, Georgia. You will dispose of them the 
same as the others now confined in the cells. You will also have 
a guard at the depot, to meet them and see that tbey hold no com- 
munication with outside parties, or one another. 

Very respectfully, your obedient servant, 

(Signed) JOHN E. HOSMER, 
1st Lieut. IQth Infantry^ Actmg Assistant Adjutrmt Gencyml. 
A TRUE COPY : 

J. E. HOSMEPv, 

\st Lieut. ICdh Lifantn/, Actlnfj Assistant Adjutant General. 

[enclosure "M.''] 
HEADQUAPvTEPvS SUB-DISTRICT OF GEORGIx\, 
Atlanta, Georgia, June 18, 1868. 
Bvt Col. T. W. Sweeny .1 U. S. A., Commandivg Post of Atlanta, Ga. 

Sir: — The case of the Columbus prisoners having beenplacedin 
the chai^ge of Brevet Major W. H. Smyth, U. S. A., of General 
Meade's stall', you will please receive any suggestions which he 
might offer in regard to their confinement and the method of guard- 
ing them. By direction of 

Brkvkt Brigadier General Sibley : 

(Signed) JOHN E. HOSMER, 
\st Lieut. Idih Infantry, Acting Assistant Adjutant General. 

A TRUE COPY : 

J. E. HOSMER, 

1st Lieut. 16th Infantry, Acting Assistant Adjutant General. 

[enclosltre " N."] 
HEADQUARTERS SUB-DISTRICT OF GEORGIA, 

Atlanta, Georgia, June 18, 1868. 
Bvt. Col. T. W. Sweeny, U. S. A., Co^nmanding Post of Atlanta, Ga. 

Sir : — The Brevet Brigadier General commanding directs me to 
inform you that there will arrive on the 5.30 o'clock train this 
P. M., from Columbus, Georgia, two prisoners (civil.) You will 
please dispose of them in accordance with previous instructions. 
I am, very respectfully, your obedient servant, 

(Signed) JOHN E. HOSMER, 
1st Lieut. 16th hifantry, Actg. Asst. Adjutant General. 
A true COPY : 

J. E. HOSMER, 
1st Lieut. 16th Infantry, Actg. Asst. Adjutant General. 



44 

[enclosuke " O."] 
HEADQUARTERS SUB-DISTKICT OP GEORGIA, 
Atlanta, Georgia, June 25, 1868. 
Bvi. Colonel T. W. Sioeetnj, U. S. A. , Commanding Post of Atlanta^ 
Georgia. 

Sir : — The Brevet Brigadier General commanding directs me to 
inform you that Mr. Dukes, citizen prisoner, from Columbus, 
Georgia, will arrive at 5.30 P. M., to-day. He directs you place 
him in a cell, and have him strongly guarded. 

I am, very respectfully, your obedient servant, 

(Signed) JOHN E. HOSMER, 
\st Lieut. VUh Infa.ntry^ Actg. Asst. Adjutant General. 

A TRUE COPY : 

J. E. HOSMER, 

Is^ Lieut. lQ)th Infantry, Actg. Asst. Adjutant General. 

[enclosure "P."] 

Mcpherson barracks, 

Atlanta, Georgia, June 18, 18G8. 
Brevet Brigadier General Drum, Assistant Adjuta.nt General. 

Sir : — The cells of the Columbus prisoners have been reduced in 
width from six feet down to two feet, with but little ventilation. 
They are entirely too small for men to live in. The heat in them 
is intense — we can scarcely breathe at night. To this is added the 
awful stench arising from the sinks in the rear, making them in- 
tolerable. It is too inhuman to compel men to live in such places. 
I would respectfully beg a reconsideration of tlio matter, and that 
the cells be made the original width. 

Very respectfully, 
(Signed) C. C. BEDELL, Citizen Prisoner. 
A true copy : 

J. E. HOSMER, 
1st Lieut. IQth Infantry, Actg. Asst. Adjutant General. 



[enclosure '' R. "] 
GUARD HOUSE, McPHERSON BARRACKS, 

June 7, 18G8. 
To General R. C. Drum, Assistant Adjutant Gejicral. 

General : — I have the honor to respectfully ask some change 
in the quarters assigned myself and other prisoners from Colum- 
bus. To remain. General, where it is close almost to suffocation, 
debarred all sight of the green earth and blue sky, is very hard 



45 

upon men who have not yet been proven unworthy tlio free air of 
heaven. The officers of the Post have been uniformly kind and 
considerate in their execution of orders, but it is not in their 
power to relieve the dreadful closeness of our cells, and render 
pleasant the penetrating stench of the guard house sink. We, 
therefore, appeal to you. Treat us, General, as men eager and 
able to prove our innocence of any charge that may be brought 
against us. We can give bond to any amount, but we do not ask 
more than a change of quarters. You have numerous unoccupied 
buildings at this Post ; would it not be consistent with our security 
and your duty, to place us under guard in one of these? We 
earnestly ask a favorable consideration of our request. 
Eespectfullv, 

(Signed) W. D. CHIPLEY. 

A TRUE COPY : 

J. E HOSMER, 

1st Lieut IMh Infanfn/, Ar.ig. Ahsu A'ljntant General. 

[kn-dorsement.] 
HEADQdAPvTEPvS THIKD MILITAPY DISTPvTCT, 

ATLANTA, GEORGFA, JuUC T, US(>S. 

R-spectfuUy referred to Brigadier General C. C. Sibley, com- 
manding Sub-District of Georgia, with instructions that if these 
prisoners will give bonds not to attempt to escape, or to hold in- 
tercourse with any persons but such as are authorized by him, ho 
can remove them to the officers' quarters, and make them as com- 
fortable as isconsistent with their being under proper surveillance. 
By ORDER OF Major General Meade: 

(Signed) R. C. DRUM, 
Assistant Adjutant General. 

A TRUE COPY : 

J. E. HOSMER, 

Ist Lieut. Uth Infantry, Acifj. Asst. Adjutant General. 

[enclosure "S."] 
HEADQUARTERS THIRD MILITARY DISTRICT, 

Judge Advocate's Office, 

Atlanta, Ga., June 12, 180S. 
Lieut. J. E. Hosmer, Acting Assistant Adjutant General, Sub-Dis- 
trict of Georqia, Atlanta, Georgia. 

SiR:_Will you please direct that Columbus Bedell, one of the 
Columbus prisoners, be confined in one of the cells at the guard 



46 

house, the same as the otiier CoUmibus prisoners confined at that 
place. He is to be confined separately from the others, and allowed 
no communication either with the other prisoners nor with outside 
parties. With relation to the prisoners confined in the Colonel's 
quarters at the barracks, while there is no objection to their re- 
ceiving such articles as may be necessary for their comfort, it is not 
desired that they be feasted with luxuries, nor the impression cre- 
ated by their treatment, that these men are not held upon grave and 
serious charges. Columbus Bedell, on being placed in the cell, will 
be placed on the same fare as the otlier Columbus prisoners con- 
fined in the guard house. 

Yery respectfully, your obedient servant, 

(Signed) W. H. SMYTH, 
Capfahi IGth Infantry^ Brevet Major U. S. A., 

Aciimi Judge Advocate. 
A TRUE COPY : 

J. E. HOSMEE, 

l.s^ Lieut. 10/// Infantry. Acty. Asst. Adjuta7it General. 



HEADQUAETERS POST OF COLUMBUS,. 
Columbus, Gteorgia, .July 4, 1808. 
Brevet Brigadier General R. C. Drum, Assisiafii Adjutant General, 

Third Military DiMrict, Atlanta, Georgia. 

General : — I have the honor to acknowledge the receipt of 
your letter of the 1st instant, and in obedience thereto, I herewith 
enclose you copies of all letter and telegrams received b}^ me, in 
reference to the arrest and confinement of persons at this Post 
suspected of complicity in the Ashbui-n murder, and known as the 
Columbus prisoncsrs. 

I would respectfully take this opportunity of making the follow- 
ing statement in regard to all arrests made at this Post, and the 
treatment of all prisoners and witnesses by me, and the officers 
associated with me in the performance of our duties at this Post, 
with a view of denying the very many false statements that have 
been published regarding this matter. Understanding perfectly 
from the ofi5cial communications received by me from the Com- 
manding General, and from several conversations had with him 
in personal interviews, that it was his desire that the perpetrators 
of the murder of Mr, Ashburn should be found out if possible, but 
that in doing so, nothing was to be done except upon satisfactory 
evidences of suspicion, and in all cases persons to be arrested were 
to be treated in a proper and firm military' manner, I and the 



47 

officers associated with me here, have in all cases performed the 
duties required of us in as mild and courteous a manner as possible, 
knowing that our actions would be charged to the commanding 
General, whose measures we were carrying into effect. 

Statements and affidavits have been published here, in which it 
is charged that persons were arrested, confined in cells without 
food and bedding, and that persons were sent for and examined, 
and threatened in diffi3rent ways with violence, in order to elicit 
testimony from them. All this I, without hesitation, pronounce 
false in every particular ; and nothing of the kind could have been 
done, as far as this Post is concerned, without being in direct vio- 
lation of all instructions from, and, to my own knowledge, the wishes 
and intentions of the Major General commanding. 

lam. General, very respectfully, your obedient servant, 

(Signed) ^ WILLIAM MILLS, 
Captain 16th U. S. Infantry^ Command'mri Post. 



HEADQUARTERS DETACHMENT 16TH INFANTRY, 

• Fort Pulaski, July 5, l.S<)S, 
Brr.ref Brlfiadier General R. C. Dntm, U. S. A., AssiMant Adjutant 

Geneyral, Third Military District, Atlanta, Georgia. 

Sir: — I have the honor to acknowledge receipt of a communi- 
cation, dated Headquarters Third Military District, June 30, 1808, 
concerning a statement made to the etfect that the Columbus 
prisoners, or some of them, were subjected to cruel and inhuman 
treatment during their temporary confinement at this Fort. 

In reply, I have the honor to state that the reports published in 
certain newspapers to the eflect that the colored prisoners had their 
" heads shaved" and were fed on " short rations," with meat " but 
once in nine days," and so forth, are entirely false, and gotten up, 
as I firml}^ believe, for a j)olitical purpose. 

The eight prisoners above referred to were confined in cells, sepa- 
rate, so that they could not communicate with each other, and 
they were not allowed out of the cells, nor permitted to see visitors. 
This being in accordance with orders received from Headquarters 
Third Military District, and the desire of the United States de- 
tective officers, who came with them to work up a murder case in 
which these parties were supposed to be implicated. The two 
(;olored prisoners, (John Wells and John Stapler,) at the instance 
of the detective officers, were not confined in the cells after the 
second da3\ The former, being a carpenter, was allowed to work 
in the shop at his own request, and the latter assigned to light 



48 

work, such as paiiitino;, white washint^, ttc, in the Fort. This 
privilege was allowed the two colored prisoners for the reason that 
the detective officers discovered that they knew but little, if any 
thing, about the matter in question, and did not desire to make 
them uncomfortable during the time of their arrest. 

The female prisoner was kept in a room in a pleasant part of the 
Fort, with a guard over her, and subjected to no annoyance 
whatever. 

All the prisoners were provided with blankets, and made as 
comfortable as circumstances would permit. They were provided 
with the government ration — the same as issued to troops ; they 
had fresh beef three days and salt meat four days each week, with 
soft bread and coffee, the former three times and the latter twice 
each day. 

I would further respectfully state that it was my desire to care- 
fully carry out the instructions received concerning the Columbus 
prisoners, as well as to facilitate the woi-k of the detectives, Messrs. 
Whitely and Keed, and I am confident that in doing so, no cruel 
or inhuman treatment was practiced. 

I am, General, very respectfully, your obedient servant, 

H. C. COOK, 
Captain ICjfh Lifanin/, Commanding Fort. 



HK.VDQUARTERS THIRD MILITARY DISTRICT, 

[Department of Georgia, Florida, and Alabama.) 

Atlanta, Gkorgia, July 11, 1S(>S. 
Brevet Brigadier General W. M. Dunn, Assistant Judge Advocate 
General U. S. A., Judge Advocate Third Military District. 
General : — Many friends of Mrs. Chipley having represented 
to me her distressed condition on account of the imprisonment of 
her husband, and her own very delicate and precarious health, I 
am disposed, unless there are positive public considerations that 
forbid it, to permit Mr. Chipley to be released on bond ; he agree- 
ing to remain in Atlanta, and present himself at such time and 
place as you may direct. 

You are accordingly authorized to release him on good and suf- 
ficient bonds, on the foregoing conditions. 

Very respectfully, your obedient servant, 

(Signed) GEORGE G. MEADE, 

Major Ge)iera/ U. S. A., Commanding. 
Official : 

R. C. DRITM, Assi^^iant Adjutant General. 



49 

HEADQUARTERS THIRD MILITARY DISTRICT, 

{Department of Georgia, Florida and Alabama.) 
Atlanta, Georgia, July 15, 1868. 
Brevet Brigadier General C. 0. Sibley, Commanding Sub-District 
of Georgia. 

General : — In consequence of the extreme heat of the weather, 
and the inadequate ventilation of the cells at McPherson Barracks, 
you are authorised to remove such of the prisoners as will give 
adequate security that they will not attempt to escape, to more 
commodious quarters, either in the men's or officers' quarters at 
the barracks. Brevet Brigadier General Dunn, Assistant Judge 
Advocate General U. S. A., will designate the prisoners, and act 
on the bonds. 

Past experience in these matters requires me to say, that in addi- 
tion to communicating this order to the commanding officer of the 
Ppst, you will j'-ourself, either personally or through a staff officer, 
see that the same are executed, and that the prisoners are comfort- 
ably provided for, and securely guarded. 
Respectfully yours, 

(Signed) GEORGE G. MEADE, 

Major General. 
Of'Ficial: 

R. C. DRUM, Assistant Adjutant General. 



HEADQUARTERS DETACHMENT IGTH INFANTRY, 
Fort Pulaski, Georgia, July 24, 18G8. 
Brevet Brigadier General R. C Drum, U. S. A., Assistant Adjutant 

General Third Military Disti^ict, Atlanta, Georgia. {Through 

Headquarters Post of Savannah.) 

Sir : — I have the honor to acknowledge receipt of communica- 
tion dated Headquarters Third Military District, Atlanta, Georgia, 
July 16, 1868, enclosing a copy of the Columbus E?iquirer, of 15th 
instant, requiring information as to the correctness of an affidavit 
therein published, and signed by one John Stapler, a colored man, 
who was for a time confined at this Fort with others, who were 
supposed to have been connected with the murder of Mr. Ashburn, 
at Columbus, Georgia. • 

I would respectfully state that Messrs. Whitely and Reed, the 
United States detectives employed in this case, came to the Fort 
with these prisoners, with orders to have the sole control of them ; 
consequently I assumed no authority except to keep them securely, 
and gave no directions concerning them which I did not receive 
from time to time from these detectives. 



50 

Believing that the two colored men, viz. : Wells and Stapler, 
were in possession of information and facts material to the case, 
which they would not divulge, the detectives thought proper to 
operate somewhat upon their feelings, which they did in the fol- 
lowing manner, the result being very satisfactory: soon after 
their arrival, the two colored men were separately taken to a 
casemate adjoining the guard house, and made to believe that their 
heads were to be shaved. At the same time and place there de- 
scriptive lists were taken. But before the time arrived for the 
shaving of heads, they were taken aside b^; the detectives, who 
talked with them upon the subject in question, after which they 
were returned to their cells. Again, believing that the colored 
man Stapler, had not told all that he knew of the matter, the 
detectives thought a few hours of solitary confinement in a small 
cell, which is sometimes used for refractory soldiers, would be of 
service, and Stapler was consequently confined therein for one day; 
and upon being released disclosed another valuable point in the 
matter, as I was intormed. 

After this no more attempts of this kind Avere made, and the 
detectives, believing they had obtained all the information and 
facts of which the colored men were in possession, directed their 
release from confinement, which was immediately done, and at 
their own request they were allowed to work. One, being a 
mechanic, was placed in the carpenter shop ; the other, a laborer, 

was placed at work with other prisoners at whitewashing, painting, 

&c. 

I am confident that no injury was done these men ; and in o])er- 

ating upon their feelings as above described, information was 

obtained very important to the case, which had until tiien been 

withheld, 

I am, sir, very respectfully, your obedient servant, 

(Signed) H. C. COOK, 

Captain 16th U. S. Infantry, Command inq Fori. 
Official: ' ' ^ 

R. C. DRUM, Assistant Adjutant General. 



HEADQUARTERS THIRD MILITARY DISTRICT, 

(Department of Georgia, Florida and Alabama.) 

Atlanta, Georgia, July 24, 1868. 
Brevet Bingadier General G. C. Sibley, Comm.a.ndinq Sub- District of 
Georgia. 

General :— Military authority having ceased in the State of 
Georgia, under the Reconstruction acts, and the Military Com- 
mission for the trial of the prisoners charged with the assassina- 



51 

tion of G. W. Ashburn, being adjournod mie die, you will transfer 
said prisoners to the custody of Captain Mills, commanding at Co- 
lumbus, with instructions to release them on bonds, satisfactory to 
the Assistant Judge Advocate General, to appear and answer any 
demands of the military or civil authorities ; and when you shall 
be notified of the inauguration of civil government in the State, 
you will direct the transfer of these prisoners to the proper civil 
officer, furnishing him with a record of the evidence taken before 
the Military Commission, for his guidance, and such action as may 
be deemed proper in the premises. 

Very respectfully, your obedient servant, 

(Signed) GEORGE G. MEADE, 

Major General U. S. A. 
Official : 

S. F. B ARSTO W, Acting Assistant Adjutant GeneraL 



EXTRACT 

PROM THE PROCEEDINGS OF THE MILITARY COM- 
MISSION FOR THE TRIAL OF ELISHA J. KIRKSCEY 
AND OTHERS. 



[The prisoners Elisiia J. Kirkscf.y, Columbus C. Bedell, James 
W. Barber, William A. Duke, Robert Hudson, William D. 
Chipley, Alva C. Roper, James L. Wiggins, and Robert A. 
Wood, were arraigned on the following charge and specification: 

Charge—'" Murder," 

Specification. — ''In this: that the said Elisha J. Kirkscey, Colum- 
tms C. Bedell, James W. Barber, William A. Duke, Bohert Hudson, 
William 1>. Chipley, Alva C. Boper, James L. Wiggins, Bohert A. 
Wood. Henry Hennis, Herbert W. Blair and Milton Malone, on 
the 31st day of March, 180^, in the city of Columbus, in the county 
of Muscogee, State of Georgia, in and upon one George W. Ash- 
burn. then and there being in the peace of the said State, feloni- 
ously and wilfully did make an assault ; and did then and there felo- 
niously, unlawfully, wilfully, and with malice aforethought discharge 
pistols loaded with powder and leaden balls at the said George W. 
Ashburn; and with the said balls, discharged as aforesaid, did wound 
the said George W. Ashburn in the left leg, above and near the 



52 

ankle joint; and with the said halls, discharged as aforesaid, did 
wound the said George W. Ashburn in the lower part of the nates ; 
and with the said balls, discharged as aforesaid, did wound the said 
George W. Ashburn in the forehead, which said wound, inflicted 
in the forehead as aforesaid, was mortal, and of which said mortal 
wound, inflicted in the manner and form aforesaid, the said George 
W. Ashburn then and there died : and the said Elislia J. Kirkscey^ 
Columbus C, Bedell^ James W- Barber, William A. Duke, Bobert 
Hudson, William D. Cliipley, Alva C. Boper, James L. Wigginsy 
Bobert A. Wood, Henrrf Hennis, Herbert W. Blair and Milton 
3Ialone, the said George W. Ashburn, in the manner and form 
aforesaid feloniously, unlawfulh^ wilfully and of their malice nfore- 
thought, did then and there kill and murder, contrary to the laws of 
said State, the good order, peace, and dignity thereof." 

To which charge and specification the accused severally pleaded. 
"Not Guilty:' \ 



CHARLES MARSHALL, a witness for the prosecution, was then 
called, and having been duly sworn, testified as follows: 

Questions by the Judge Advocate: 

What is your name, your age, and your occupation ? Charles Mar- 
shall; age 27; occupation soldier. 

In what service are you a soldier; how long have you been in that 
service; and to what company do you belong? The United States 
service; in that service since 1801; belong to Company G of the- 
16th Infantry. 

Where have you l>een on duty during the last year? In Columbus, 
Georgia. 

AVere you acquainted with George W. Ashburn, late of Columbus, 
Georgia ? Yes sir. 

Were you })re^ent at his death ? Yes sir. 

Did he die a natural death or a death by violence? By violence, sir- 
State how you came to be present at his death ? I was induced to 
go there, sir. 

Who induced you to go there; state all the circumstances attending 
the death of Ashburn, so far as you know them ? The first person 
that spoke to me sbout it was Doctor Kirkscey, about three weeks 
before the afl'air took i)lace ; I had another interview with him about 
three days before it took place. The night that the aflair took place, 
I went down there about between the hours of half past eleven and 
half past twelve, as near as I can judge; I met a party on a vacant lot 
near the house — i he party that committed the deed. We then crossed 



53 

the street; one of the party asked (or adruission into tlie house; 
knocked at the door. The answer came from the inside, " Who is 
there?" An answer was then made by the party outside, "Mary 
1'illinghurst," or some such name as that; I don't exactly remember 
the name. The party inside asked, '- What do you want?" The 
answer was then made, " I want to see Hannah Flournoy." She says, 
*' I can't let you in ; it's too late," or " at this time of night," I am not 
positive which, but it was one of the two. The party outside made 
answer and said, "' If you don't let me in I'll l)reak the door down"; 
the panel of the door was then broken and the door opened. There 
was three rooms in the house. As soon as the door was broken open, 
the party made through the house to where Mr. Ashburn's room w^as; 
it was the tliird room — in the rear of the house. He asked, " Who 
comes there?" and then opened the door and stepped back. There 
was a round table in the middle of the floor, and he lit a candle — the 
candle was sitting on the table. As soon as the door w^as open, one 
of the party made the remark : " There's the d:imned shit." Ashburn 
was behind the table that time, w hen the firing commenced. As soon 
as the firing commenced he fell; alter he was down, one of the party 
stooped down to the side of the door and tired. There was from ten 
to fourteen shots tired altogether, ;is near as I can recolle(!t. After 
that was over, I went out of the house immediately; went across 
towards the Perry House and up Jackson street to my quarters — the 
court house. In the first part of my statement I forgot to say that 
there was a coat handed to me nearly oppo!?ite the house as I went 
down. 

Yon say that the first person who spoke to you of this matter was 
Dr. Kirkscey? Yes sir. 

if he is i)rcsent, point him out? There he is, sir, (pointing to one of 
the accused.) 
How long was that, did you say, before the death? About three weeks. 
Where did the interview first spoken of, between you and Dr. 
Kirkscey, take place ? On Broad street, Columbus, Georgia. 

What did Dr. Kirkscey say to you at that interview? Well, sir, 
he spoke of getting Ashburn out of the w^ay. 

What did he say about getting Ashburn •' out of the way " ? He 
spoke of a party being gotten up for that purpose, sir. 

What did he say about the party ? He didn't mention no names to 
me, sir. 

Do you know whether Dr. Kirkscey asked any person to join the 
I)arty ? He asked me. 

What did he say to you about joining the party? He told me it 
would be all right if I ditl. 

Any thing else? Yes sir; that I hadn't long to serve in the army, 
and 1 could come back to Columbus to live. 

Did he state any reason why Ashburn shoidd be put out of the way ? 
No sir, not directly there. 
Did he say anything about the number who would probably be of 



54 

the party to dispose of Ashbnrn ? He snid there would be a crowd, 
sir, that was all. 

Did he name any person who would be of the erowd? No sir. 

Was there anything said in tliat conversation by Dr. Kirkscey in 
regard to any reward or profit that you, or any one else might get by 
joining in the party against Ashl)urn ? Nothing more than that T 
would be all right, sir — have any thing 1 wanted. 

When did the second interview with Dr. Kirkscey. of which yon 
have spoken, take place? X few days before the aflf ur took place, sir. 

Where ? On Broad street. 

State what passed between you on thit interview ? Histoid me that 
the party was made up, and the affair would soon take place, and that 
when it did, I should know of it. 

Did you afterwards get notice when the '■' affair," as you call it, was 
to take place ? Yes sir. 

How, when and where did you get that notice ? At my quarters, 
about a little before three o'clock on the afternoon of tlie 30th— the 
day it took place; it was ])rought to me by a negro boy. 

Brought how? It was wrapped u]) in a !)iece of brown paper; 
there was a mask with wi'itins; on a piece of a paper on the inside of 
it ; the writing stated, " Meet to-night at twelve o'clock." 

What has become of that writing? 1 tore it up. sir, as soon as I 
I'ead it. 

State, if you remember, wiiut that writing contained? "Meet to- 
night at twelve o'clock," sir. 

Did you know the negro boy who left the bundle, as you have said ? 
1 did not. sir; had never seen him before as [ know of. 

What kind of a mask was it? An ordinary false face, sir — made out 
of paste) )oard. 

Was there any signature to the notice you say you receive<l? No 
sir. 

Did you know the hand writing ? No sir. 

Did you act upon the notice you have miintioned, and if so, when 
did you go, and whom did you meet? T left my quarters that night 
between half-pa>t eleven and twelve o'clock, w^nt over towards the 
Perry House, which is across from the place where this occurrence 
took plaice. I met this party in a vacant lot opposite from the house — 
on the other side of the street. Before I met the party. I was handed 
a coat. 

Who was the i)erson that handed you a coat? Henry Hennis. 

How did he come to hand you a coat ? I met hini just below the 
Perry House, and he handed me the coat and said, " Put this on." 

Had you any previous arrangement with him about a coat for that 
occasion? Not with him I hadn't, sir. 

Had you with any person, and if so, with whom? Yes sir, I told 
Dr. Kirkscey I wanted a rig, and he told me it would be there for me. 

Why did you want a •'•rig"? Because I didn't want to wear my 
uniform, sir. 



00 

Wlinn (lid Dr. Kirksoey inform yon tlint thoro would 1)p a rig there 
lor you ? At the second interview T liad with him. 

What do you mean hy a " ri"" ? 1 mean a suit, sir. 

What kind of a coat was the one given to you, as you liave said ? 
It was a greyish coat, sir — an English walking coat. 

Wh.^t kind of buttons did it have on ? The buttons were of bone ; 
what their color was, I don't know. 

Large or small buttons? Rather large, sir; I would not be positive 
about the exact size. 

What kind of pantaloons and covering for the head did you have on 
at that time? I had on a black slouched hat and a pair of dark pan- 
taloons, — not uniform. 

Whom else did you meet there about the time Ilennis gave you the 
<*oat? About a few minutes afterwards, a very short time afterwards, 
I met the other party. I met Hudson, Duke, Barber, Bedell, Dr. 
Kirkscey, and Milton Malone. (Here the witness, at the re([uest of 
the Juilge Advocate, indentitied each of the parties just named as being 
among the accused.) 

Where did you meet those nersons whom you have named and 
pointed out? I met them in a vacant lot across from the house. 

What house? The house where Ashburn was killed. 

How far from that house? I should judge two hundrtnl yards- 
one hundred and titty yards — somewhere along there. 

Wbei'e did you [(roceed from there? To the house, sir. 

What bouse? Where Ashburn was kilhvl. 

\V' here is that hou«e situated ? On Oglethorpe street in the city of 
Columbus; 1 forget the name of the streets it is between. 

Describe the house as to how it stands with reference to the i)oints 
of the compass, the number of rooms, and particularly as to the I'oom 
in which Ashburn was Ivilled ? The house stands on the We>t side of 
the street; it is a one story frame house; three rooms; the front door 
is in the centre; I am not positive whether there was two windows in 
the front or not; there is a side door in the third room, leading into 
an alley-way; as regards the back of the house, I know nothing; the 
door of the second room laces the front door as it opens; the front 
door opens to the right, and the door of the second room opens to the 
left; the door of Mr. Ashburn's room opens to the left; the door of 
his room Is towara the left hand side of the house as you go in; it 
doesn't face the door of the second room ; there is a fire place in the 
centre of the back room in which Mr. Ashburn was killed. That is 
about all the points that I know of. 

Does the house stand lengthways with the street, or endways to the 
.street? Endways to the street, sir. 

Did you go Into the house you have described the night Ashburn 
was killed, if so, state when you entered, and what other persons, if 
any, went in with you? I did, sir, somewhere in the neighborhood 
of midnight: the parties that went in with me are those that I have 
mentioned; there was others there, but those I could not recognize. 



56 

and don't know who they are; there were from twenty to thirty in 

the party. 
Did you see anything of George Betts that night, and if so, wliere 

did you see him? 1 seen him there, in the party, sir. 

AVas he in the house with you? Yes sir. 

Were there any others in the house besides those you have named ? 

Yes sir. 

Name them? I could not name them, sir; T am not positive who 
they were. 

Why don't you know who they were ? It was impossible for me to 
know all of them, sir. 

Why was it impossible? There was too large a party, and I was 
not in the party only a short time before the affair commenced. 

How large was the party? From twenty to thirty, sir. 

Were any of them disguised? Yes sir; all tliat I seen ami talked 
with were disguised in a manner. 

How were they disguised ? My masks— the majority of them. 

Were there any persons in the house besides Ashburn, when you 

entered it ? Yes sir. 
State who ? There was a colored woman and a white woman. 

Do you know their names? I have heard their names, sir; the 
white woman's name was Amanda Patterson, the colored woman's 
name Hannah Flourney. 

Did you see any man in the liouse besides the party you weie vvith^ 
and Ashburn ? I did not, sir. 

Wliat did your party do after they entered the house ? Proceeded 
to the back room where Mr. Ashburn was. 

Tell what took place there? The firing commenced there, and he 
was killed there, sir. 

Who tired upon him ? A party at the door. 

In what door? The door of his room, sir. 

Who constituted that party? Myself, Duke, Barber, Hudson, ami 
another man— I am not positive who it was; 1 rather think it was 
Betts, but I am not positive about it. 

Did all these persons tire on Ashburn ? Yes sir. 

State what con vernation, if any, took place between Ashburn and 
your party previous to his death ? The remark he made was, •' Who 
comes there?" then he opened the door and stt pped back and one of 
the party then made the remark, " There is the damned shit," and 
then the tiring commenced. 

Who was tlie persou who made the vulgar remark you have men- 
tioned ? Hudson, sir. 

How were your party armed ? With revolvers. 

Did you see Ashburn that night after he was dead ? I saw him fall, 
sir. 

Did you see any other persons go into the room after Ashburn fell^ 
and if so, who were they ? 1 seen two look into the room; there was 
not .any per»on went iuto the room, as I know of — I would not be 
positive whether any went in or not. 



57 

Who were the two persons who you say looked into the room after 
lie fell ? Kirkscey and Bedell. 

Did either of them do or say anything? No sir; somebody made 
the remark then, " Come on boys," and the party went out. 

Was it immediately after Ashburn fell that Kirkscey and Bedell 
looked into the room where lie was ? Yes sir. 

Was there a light in Ashburu's room at the time of the assault upon 
him, and if so, what kind of a light was it ? Yes sir, a candle. 

Plow long did your party remain in the house after Ashburn was 
killed ? Hardly any time at all. sir. 

Where did tiiey go to from there? They dispersed, sir. 

Where did you go? I went home, sir, to my quarters. 

You said, I believe, in your previous evidence, that one of your 
party stooped down and fired at Ashburn, who was that? It was 
Hudson, sir. 

Wiiere was Ashburn at the time Hudson so fired? He was behind 
the table, sir, lying on the floor. 

Did Hudson make any remark at the time he fired ? No sir. 

Could he have shot Ashburn without stooping down after Ashburn 
fell ? The table was in tlie way, sir. 

Did you see the remains of Ashburn after that night? No sir. 

Did you have any conversation with any of the other parties con- 
nected with the assassination of Ashburn, previous to the meeting for 
that purpose? No sir. 

Had you heard the matter of disposing of Ashburn discussed pre- 
vious to that night? No sir, not particularly. 

What induced you to take part in the killing of Ashburn? Well 
sir. there was a great many inducements. 

State tliem? The various associations I had, sir; I always had it 
instilled into my mind that he was better out of the community than 
in it. 

To what associations did you refer? People in town, sir. 

Was there any sort of organization that you know of, where the 
propriety of getting clear of Ashburn was discusseil or considered? 
Not as I know of, sir. 

How did it get instilled into your mind that Ashburn should be 
disposed of? Well sir, by conversation I had with different people. 
All my companions were outside of my company, 1 attended very 
little to my duty as I should have done, and I was warned by my 
commanding offtcer to stop my associations, but I failed to do that 
and kept headlong on my course, which brought me where I am. 
Had I taken his advice, I should have done right instead of wrong. 

Were any of these men on trial your associates in Columbus? 1 
used to speak to them ; would meet them very frequently, nearly all 
of them. 

Have you had much acquaintance with the defendant Chipley ? No 
sir, I have not — 1 never si)oke to him in my life until after the occur- 
rence. 



58 

Wlmt conversation did j^oii liave with him nfter tho occnrronoe? I 
merely spoke to hiin np in the Court House when he Avas under 
arrest— merely passed the time of day with him, sir. 

Have you had no other conversation with him? No sir. 

Since this occurrence have you I'ecieved any valuable presents from 
any persons in Columbus, it so, state what? I received a watch since 
that occurrence, sir. 

What kind of a watch ? A gold hunting case watch. 

Worth about how much? Three or four hundred dollars, sir. 

Who gave it to you ? It was handed to me by a clerk in a jeweler's 
store. 

State his name, and when and where he handed the watch to you ? 
Ingmire is his name; he handed me tlie watch on the night of the 24th 
of April, in front of the Presbyterian Church. 

Do you know who provided that watch for a present to you ? I do 
not, sir. 

Did any persons tell you before you recieved it, that it was to be 
presented to you ? Yes sir, several spoke to me about it. 

Name them ? Barber and a young gentleman named Gunby, spoke 
to me about it; said that I would receive it; a man by the name of 
Williams, spoke to me about it also. 

Was there anything besides the watch given to you at that time? 
A chain, sir, with the watch. 

Was Mr. Tngmire a particular friend of yours ? No sir, I was not 
much acquainted with him. 

Did you receive any other present of value after the death of Ash- 
burn, from any of the citizens ol (Jolumbus? No sir, I received no 
present. 

Did you not receive money? Yes sir. I received that in the form 
of a loan. 

Plow much and trom whom? I received one hundred dollars 
from Mr Wilkins, formerly M.iyor of the town. 

How did you, a private soldier, come to have such good credit with 
Mr. Wilkins? I don't know, sir; I asked him for the loan of it, and 
he told me I could have it. 

Did he let you have it immediately upon your asking for it? No 
sir; about a week afterwards. 

What conversation passed between you at the time you asked for 
this loan ? I asked him for the loan of it, saying that I wanted to go 
home on a furlough ; he says, " I will let you have it before you go." 

Had you and the Mayor been on intimate terms previously ? Yes 
sir. 

Did anybody suggest to you to apply to him for a loan ? No sir 

Did you go home on a furlough, and if so, when ? Left on the '25th 
of April, and returned about the 24th of May. 

How did it happen that you and the Mayor were on such good 
terms? Nothing as 1 know of, sir. 



50 

Havpyoii ever returned the money so borrowed, or have you ever 
been asked to return it? No sir. 

Did you give any note or security for the loan ? No sir. 

What did In^^niire say to you when he handed you the w^atch and 
chain ? He tohl me to take it — that is about all the remark he made, 
" Take this and take care of it." 

Pidn't he tell you, or intimate to you, who the present was from ? 
He said it was from my friends. 

Did he tell you. or did you know what friends he referred to ? No 
sir. none parlicularly. 

When were you to pay the money borrowed from the Mayor? 
There was no time mentioned, sir. 

Has he applied to you since you returned for payment? No sir. 

Has any person (or him, applied to you for payment ? No sir. 

Have you seen him since you returned ? Yes sir, frequently. 

State the day ol the month and the day of the week, if you can, 
when Ashburn was killed ? It was Monday, the 80th of March, 186S, 

Was he killed before or after midnight? It was about midnight; 
Monday was the 30th, and it was on the night between Monday and 
Tuesday that he was killed. 

Do you know what county and State Columbus is in? State of 
Georgia, sir; I believe it is in Muscogee County, sir; I am not certain. 

Were your interviews with Kirkscey in the daytime or in the night, 
and was any person present at either interview ? In the daytime ; no 
person was present at the interviews. 

How long had you been acquainted with Kirkscey ? About a year, 
sir — nearly a year. 

How many shots were fired at Ashburn ? About ten or fifteen. 

Do you know how the pistols were loaded that were fired at him ? 
No sir, I couldn't say that. 

Can you say as to your own ? Yes sir; mine was loaded with pow- 
der and ball— an oblong leaden ball. 

How many shots did you fire at Ashburn ? I fired one, sir. 

Do vou know whether your shot struck him ? I do not, sir. 

Have you had any conversations with any of these prisoners about 
the killing of Ashburn since the occurrence ? No sir. 

Did all the per>ons engaged in this affair enter this house that 
night ? No sir. 

Did you see any others about except those in the house with you ? 
There were some others at the side. 

How do you know that ? Because the side door was broken in. 

What door do you say was broken in ? The side door — the door 
from the alley into Ashburn's room. 

When was that door broken in ? During the firing, sir. 

Was it thrown open ? I would not swear whether it was or not ; 1 
am not positive. 

Could you recognize the persons outside about the door broken in ? 
No sir. 



60 

Does the size and form of any of the prisoners liere whom you h'lve 
not Identified, correspond with those of any person whom you saw in 
the house, and whom you then did not rccoo-nize^ Yes sir- I saw 
one man that night r thought was Mr. Chipley,-! could not be posi- 
tive, but I thought so from the size of the man. 

Was the person whom you thought was Mr. Chipley disguised and 
If so, how ? Yes sir-disguis,Hl with a mask ' 

Who seemed to be the leader of your party ? This man I speak of 
Winch man? The person that I supposed to be Chipley 
What did this leader do ? He appeared to have all the s-.y in the 
party, sir. ^ 

Was there much talk or noise in your operations? No .ir excent 
ingwhen there was knocking at the door; that was the only' noise 
that was made of any account. 

Was there any shouting or noise made by your party after tlie afr-ur 
was over? No sir, not as I heard. 

Do you know what was the object of this party in killing Ashbarn '^ 
The object was to kill him-that was all, I suppose. 

Why were they so anxious to kill Ashburn ? Well, sir, most everv 
body held an animosity against him. 

What was the cause of this animosity ; do you know ? He was 
politically opposed to the majority of the people, sir. 

Was that the reason for this organization to kill him '•' That is all 
the reason [ suppose, sir. ' ' 

What makes you so suppose ? From hearsay sir 
^ Why did you take part in killing him? 1 don't know ^r- the 
influence was so great over me, I suppose, I could not resist it-1 
didn't resist it, any how. 

What influence ? My associations, sir. 

Were these influences social or political ? Both, sir. 
Were you opposed to Ashburn politicallv? I was "sir 
Was that fact well known among your associates in the'citv •■' Yes 
sir. • ■ ^ ^^ 

CKOSS-EXAMINATION. 

Questions by Mr. Stephens : 

Did you ever have a personal difficulty yoarself, with Ashburn v 
Yes sir, I had. 

Did you not slap his jaws, or strike him, the evening before he 

I had the difficulty with him it was early in the afternoon, and I was 
under the influence of liquor; it was about half-past three in the 
afternoon. 

Where did this occur ? In the upper part of the city-in Broad 
street. 

Whose house was it at V it was no body's house, sir-it was on 
the street. 

Was it not at Jack Clark's grocery ? No sir. 



61 

Were yon or not too much intoxicated to recollect distinctly wLat 
occurred, or where it occurred ? No sir, I was not; I recollect where 
it occurred. 

But you do not recollect wiiether you slapped his jaw:^ or not? 
No sir, I think I did not. 

Bo you now recollect whether you struck hiw at all or not ? I di'l 

strike him, sir. 

Did you or not say to William H. Williams, Captain of the tire 

company in Columbus, that yo^^ intended to kill Ashburn, or words 

to that etfect ? I might have said so that night; I would not swear 

to it though; I don't remember it. 

Did Ashburn shoot or fire his pistol in the cro^^■d that entered his 
room ? I think not, sir. 

Did he have a pistol or did you see a pistol in his hands ? I did 
not see a pistol in his hand-<. 

Are ycu certain and positive that you saw Kirkscey, Bedell, Duke. 
Barber, and Hudson — the accused now before you— in the hou«e 
where Ashburn was killed that night ? I didn't see them all in the 
house; I seen some in the house and some outside. 

Which ones were in and which out ? Duke, Hudson, and Barber 
were inside; they were in the door leading out of the second room 
into the third. I seen them all before I went in. Kirkscey and 
Bedell were in the second room; myself. Barber, Hudson, Duke and 
this man I take for Betz, were standing right in the door where the 
shooting took place. The other two were in the room, and Malone 
was in that room, too — in the second room. 

You are certain and positive then that all those parties were in the 
house at or about the time of the killing ? I am, sir. 

Are you just as positive in this statement as in any you have made ? 

I am, sir. 

Had you any intimacy or personal association with Hudson? 

Not of anj' account; I seen him hundreds of times. 

Did you ever spend five minutes of conversation with him in your 
life ? I don't know as 1 have, sir. 

Who did you say talked with you about the present of the watch 
you have testified about ? A young man named Gunby, and Bar- 
ber also told me I would receive it. 

You said somebody else on your direct examination, whose name 
I did not hear: who was it ? Mr. Williams, I think, sir. 

Which Williams? One of two brothers; I don't know his first 
name, but I think it is Dan Williams. 

What Gunby do you refer to ? His father keeps a store on St. 
Clair street — I don't know his first name. 

Is it the son of Eobert M. Gunby? I don't know, sir; 1 don't 
know his first name. 



62 

Where is the store house located that his lather occupied ? lu 
St. Clair street, below Broad, towards the river. 

These are the parties who told you beforehand that the watch 
would be given to you ? Yes sir. 

When did you say the watch was given to you ? On the night of 
the 24th of April. 

Was or not this the night of the day on which the election on the 
adoption of the Constitution, and the election of officers of the State 
under it, closed ? It was the night of the day after, sir; the election 
closed on Thursday, and this was on Friday night. 

Had not you been very active before the election and during its 
four days' duration, in opposition to the adoption of the Constitution, 
and in co-operation with all these parties ? Yes sir-. 

Wliat wa>^ your position in your c ompany before the election ? 
First sergeant, sir. 

Were j'ou arrested during the election, and by whose orders, nnd 
for what ? I was arrested by Captain Mills, and reduced to first duty 
sergeant by his order for trying to influence the election— that is 
what he charged me with. 

Was or was not Mayor Wilkins an opponent of the Constitution, 
and did not the opponents of that measure generally express sym- 
path}' with you becau.se of the treatment you received for the course 
you had taken ? Yes sir. 

After you were reduced to the position of duty sergeatit, did j'ou 
not immediately apply for a furlough ; and do you not know that 
the money Mayor Wilkins let j^ou have was raised by contribution 
amongst the people ? I applied for a furlough about a week before 
I was reduced. I do not know that the money Mayor Wilkins let 
me have was raised by contributions among the people. 

When did you get the furlough? It dated from the 25th of April, 
sir. 

'i hat was how many days after you were reduced ? About three 
days, sir. 

How long after this was it that Mayor Wilkins let you have the 
money ; and did you or not tell him you wanted it to bear your ex- 
penses home ? He gave it to me on Friday night — the night of the 
24th of April. I told him that I wanted it to take me home. 

The counsel for the accused asked that the Commission adjourn 
until to-morrow. 

The Commission retired for deliberation ; and on returning, the 
Commission adjourned to meet to-morrow morning at 10 o'clock. 



63 

JULY 1, 18(38. 

CKOSS-EXAMINATION OF CHARLES MARSHALL RESUMED. 

Questions hy 3Ir. Stephens: 

What was the character of that house where Ashburn was killed? 
I never was in the house before, and know nothing of its character. 

What is its character by public reputation ? I heard it spoken of 
as a bad house. 

Is it not notoriously a house of ill-fame ? Not as I know of ; I 
have heard say so. 

Who is it reported to be kept by ? I believe this Hannah Flour- 
noy spoken of, was the proprietress of the house. I have heard sa}'' 
so ; I could not be positive about it. 

Is she the white woman, or the colored woman ? The colored 
woman. 

Did Ml-. Ashburn live in that house ? As far as I know he did, 
sir ; I am not positive. 

Did you ever see Mr. Bedell before that night? Yes sir. 

Did you ever speak to him in your life ? Y'es sir. 

Before this occurrence ? I think I have, sir ; I won't be positive. 

When ? I am not positive, sir, when. 

Where? In Columbus, sir. - 

Whereabouts in Columbus ? I would not specifiy no particular 
part, sir. 

Was it on the street, or where he was engaged in business ? If I 
have spoken to him, it is on the street I am not positive whether I 
spoke to him before that aftair. » 

If you had ever spoken to him, do not you think you would recol- 
lect it ? I am not positive, sir — I speak to a great many persons. 

Do you speak to a great many persons that you are not made ac- 
quainted with, — have no acquaintance with at all? No sir. 

Would it have been likely for you to have sj)oken to Mr. Bedell — 
having no acqudntance with him? Well, sir, I have spoken to a 
great many persons in Columbus, without any introduction. 

You are not positive that you ever did speak to him ? Not posi- 
tive, no sir ; I would not swear to it. 

What time m the evening was it when you had the difficulty with 
Mr. Ashburn ? The forepart of the afternoon. 

About what hour? I should judge between three and four 
o'clock — I would not be positive about the hour, sir. 

Where did you go after that interview with Mr. Ashburn ? Went 
round town, sir. 

Where to, — what place ? Went to several places. 

Name any one? I stopped in a saloon — two saloons. 



64 

What salooDfi? Stopped in at the "Arbor." sir, on Saint Clair 
street, above Broad. 

Did you meet anybody tliere yon knew V Met the bar-tender 
there. 

Anybody else ? Not as I remember, sir. 

What other saloon did. you go to ? Cook's Hotel, sir. 

Did you meet anybody there you knew? The man who keeps 
the place, sir. 

Any body else? Not as I remember, sir, — there was some iu 
there, sir ; but I am not positive who they were. 

Where did you go then ? Went down to my quarters. 

At what hour did you nach your quarters? I judge about five 
o'clock, sir ; somewhere about there. 

Did you remain there until eleven o'clock, or half-past? No sir. 

Where did you go ? I went down town, sir, to sui)i)er. 

Where did you take your supper? Took it in a Mend's house — 
lower part of Jackson street. 

What is the name of your friend ? MacSpadden, sir. 

At what time did you take supper? I judge between seven and 
eight o'clock. 

Where did you go then ? Come out to my quarters about half- 
jjast eight. 

Where did you go then ? Kemained there until alter roll-call. 

You went from your supper at MacSpadden's — who went with 
you ? Mr. Harris, sir. 

What wa.s the hour of roll-call ? Nine o'clock, sir. 

What became of you then ? I remained in my quarters about 
half an hour. 

Where did you go then ? Went round on Broad street and got a 
drink, sir. 

Where at ? A saloon called the ' ' Hubj'. " 

Where did you go then ? Went back to my quarters. 

Did you take another drink at the ' ' Euby" ? I took one drink 
there, sir; and then went round to my quarters. 

Where did you say you stopped when you came to Broad street? 
After nine o'clock ? 

Yes? I stopped at the "Kuby," sir; the saloon called the 
"Kuby." 

Where did you go then? Back to my quarters, §ir. 

How long did you remain there ? Until about half-past eleven 
o'clock. 

Was that the time you left to go to the meeting of the paity ? 
Yes sir; somewhere between eleven and twelve. 

Did you pass the sentry ? I did, sir. 

Who was on duty that night ? I do not remember, sir. 



65 

Who was on sentry that night ? I do not remember, sir . 

Were the men permitted to pass in and out at any time of night ? 
No sir, not generally. 

How were you allowed to pass? There was never any restriction 
on me passing out. 

How did that occur, that there was no restriction on your passing ? 
I was in charge of the company then, sir. 

Where was the coat given you that you have testified about? 
Near the Perry House. 

You say Mr. Hennis handed that to j'^ou ? Yes sir. 

Which side of the Perry House ? Above it, sir. 

In Oglethorpe street, or Jackson street? In Oglethorpe street, 
sir ; the Perry House is on Oglethorpe street, not on Jackson street. 

Did not you have three citizen's suits ? No sir. 

When j-ou were working for the Democratic Club, did not you tell 
them that you had citizen's suits to put on the soldiers, to go out 
electioneering for them, — three citizen's suits? I never knew I was 
working for the Democratic Club, sir. 

The question is, did not you tell one of the Democratic Club, that 
you had three citizen's suits to put on soldiers ? I didn't tell him I 
had the suits, sir; I told him I could get the suits. 

Did not you tell him that you had sent them out with these suits 
on ? Not as I remember, sir. 

You say you did not know that you were working for the Demo- 
cratic Club ; what interference was it that you had in the election 
that caused your arrest by Captain Mills ? The Captain accused 
me of trying to influence men to vote, sir. 

You stated yesterday, I believe, that you were co-operating with 
those parties that spoke to you about the watch, in the election ; 
were they or not known to be Democrats ? Yes sir, they were. 

In what way did you co-operate with them in the election ? By 
endeavoring to influence the freedmen's »'otes, sir. 

How was the election conducted at the polls? Conducted as 
nearly all the elections was. There were sentries at the doors, and 
judges of election at the doors. 

Was there a guard of soldiers in a row, through which the voters 
had to pass? There was two sentries, sir ; there was no "row." 

Was it a matter of difficulty, or not, to your knowledge, for a 
colored man, who was going to vote the Democratic ticket, to get 
access to the polls ? No sir. 

Was not your main business, being an officer, to conduct that 
class of voters to the polls ? No sir. 

Did you take any of that class of voters to the polls ? 

Court objected to question, and it was withdrawn. 

Y'^ou say these parties were masked ? Y"es sir. 



60 

What kind of masks did they have? Different kinds, sir. 

What were the kinds— some of them? I would not be positive 
what they were made of, sir. 

What sort of m isk did you have ? I had an ordinary pasteboard 
mask, sir. 

How many had the same kind? That I would not be positive of, 
sir. 

What sort of mask did Bedell have ? I would not be positive about 
his mask. 

Positive as to him, and not positive as to his mask ? Yes, sir. 

What sort of mask did Barber have? Barber's mask I should 
judge to be one made by himself, I am not positive, but it looked to 
me like a concern he made himself; it was a dark affair. 

What sort of mask did Hudson have ? Hudscni had a mask some- 
thing like Barber's. 

What sort of mask did Duke have ? Duke's mask, sir, was a small 
mask, came about down just above the chin. 

Wiiat sort of a mask did Kirkscey have ? I would not be positive 
about his mask, sir. 

What sort of a mask did Malone have ? ]\Ialone had a mask 
something like mine, sir. 

■ What sort of a mask did Betts have? I did not see Betts full in 
the face, sir ; could not swear to it. 

Who first spoke when the party left the vacant lot ? The first 
remark that I heard was when we got to the house. 

Did nobody speak when we left the vacant lot ? I am not positive 
of it,, sir. 

Did anybody speak after you arrived there ? There was some- 
thing s^joken, sir, but I am not positive as to what it was. 

Was there anything said by anybody when j'ou left the vacant lot? 
Yes, sir ; J said there was something said. 

Who said it ? That I am not positive of. 

What was said ? That I am not positive about. 

What became of Hennis after he gave you the coat? He joined 
the party, sir. 

Did he lea<l it ? No sir, I think not. 

After you got into the middle room of the house where Ashburu 
was, who opened the door into his bedroom ? He opened it him- 
self, sir. 

Who were with you in there, did you say ? I said there was Bar- 
ber, Duke, Malone, Hudson, and this man I take for Betts. 

How was Betts dressed ? The man I take for Betts had on a pair 
of plaid pantaloons and thin coat. 

Which of the parties entered the door of Ashburn's bedroom first ? 



07 

They entered about simultimeously: I could not swear to any one 
being in advance or in the rear. 

You and all the others ? Yes sir; not all the others; it was impos- 
sible for all to get there at the same time. 

Which one went first ; that is my question, and I repeat it ? The 
man I took lor Barber is the man who went first. 

Who next ? That I am not positive about, sir. 

Where were you ? Right there at the door, sir. 
. Did either one get into Ashburn's room ? No sir; they remained 
on the threshold of the door. 

Did yovL all shoot, standing there in the door? Yes. 

Did you shoot over any body's shoulders ? No sir. 

Who was to your left? The man I took for Hudson. 

Who was to your right ? The man I took for Barber. 

Then where were the others standing ? Right in the rear of us. 

Did they shoot over your shoulders ? They did, sir. 

But none of you went into the ]-oom ? No sir ; no person got 
inside the room. 

Where was Ashburn when you first saw him? In the third room, 
standing in rear of the table 

What sort of table was that ? As near as I remember, it was a 
round table. 

What part of the room was it in? In the center of the room. 

What other furniture was there in the room ? There was a bed, sir. 

Wliat part of the room was the bed in ? At the right hand as you 
went in the door. 

Any other furniture in it? I would not be positive, sir. 

Where was the candle when the door was opened? On the table, 
sir. 

Did it remain there all the time ? I think it did, sir. 

What did you do with your mask ? Threw it away, sir. 

Where did you throw it ? In Jackson street, sir. 

Threw it down in the street ? Tore it up, sir, and threw it away. 

What did you do with the coat? Threw it off as soon as I left the 
house, sir. 

Left it in the street ? I don't know whether it remained in the 
street or not. 

You threw it away in the street ? I did, sir. 

Which street? Oglethorpe street. 

What did you strike j\Ir. Ashburn for, the evening before he was 
killed? I had some words with him, sir. 

Was it not because you knew that he was going to report you to 
Captain Mills, next day ? No sir; I never knew anything of the kind. 

Did not you tell Foster Chapman at his drug store that evening 



68 

tliiit that was \yhat yoii struck him for. that he was going to report 
you next day to Captain Mills? No sir, I did not; 1 told him I struck 
him, and he was going to report me for striking him, and Foster 
Chapman told me I could get any bond I wanted, if he did report 

me. 

Didn't you tell Foster Chapman then that you intended to kill Ash- 
burn? 1 don't remember having told him any thing of the kind, sir. 

Do you swear that you did not tell him, Foster Chapman, that Ash- 
burn was going to report you, and that you would kill him. Ash- 
burn ? I swear that Ashburn said he was going to report me, and I 
told Mr. Chapman so, sir; but as regards my saying that I would kill 
him, I will not swear so. 

You will not swear that you did not tell him so ? No sir, I will 
not. 

Did you or not make a similar statement, or the same statement, 
to Van Marcus the same evening, and to Julius Clapp? I did, sir; 
I made the same statement as regards my having the fuss with Mr. 
Ashburn, and my striking him, and that he was going to report me 
for it. This took place in the interview I had with Mr. Clapp in the 
saloon under Cooke's Hotel, just below the drug store. He and a 
party were playing cards in the back part of the saloon, and when I 
told him, he told me if I wanted bond I could huve it. 

Was that the time that you passed by Cooke's saloon, as you testi- 
fied before ? It was, sir. 

Was there a political meeting in Columbus that night ? I heard 
say there was, I am not positive, sir. 

Which party had the meeting ? 

Court objected, and question was withdrawn. 

Is it within your knowledge that Mr. Ashburn was at a public meet- 
ing that night? It is not, sir. 

You stated that he was a very unpopular man in Columbus, and 
that it was on account of his political principles being against the 
majority of the people; was not the majority of the same party with 
himself? Not the majority of those having influence, sir. 

Was or not, the majority of those who voted at the polls, of Mr. 
Ashburn's party ? As far as I understand, sir, the returns of the 
election prove that they were. 

Is it within your knowledge that there was strong opposition to 
Mr. Ashburn within his own party ? I never heard of any, sir. 

Do you know a Mr, Bennett ? I do, sir. 

Did he live in this house with Mr. Ashburn? I do not know, sir. 

Did you see him in that room that night? No sir. 

If he had been in the room do you think you would have seen 
him ? No sir ; there was plenty of opportunities for him to secrete 
himself, sir. 



69 

Did jon have any conversation with Bennett about Ashbnrn be- 
fore ? Never spoke to the man in my life, as I know of, before the 
affair took place. 

Was there anybody in the room that you first entered ; did you see 
anybody in it? Not when I first entered, sir. 

Did you see anybody in the second room ? I did, sir. 

Who did you see there ? 1 seen a white woman. 

Who was she ? I would not swear to the woman, sir; never seen 
her before in my life, nor since that I know ol. 

Did you hear her name called that night ? No sir. 

Have you ever seen her since? Not to know her, sir; I seen a 
woman said to be her, but whether it is her or not I do not know. 

Would you know her if you were to see her ? I do not think I 
would, sir. 

Did you see any other person ; any other woman in the house that 
night ? No sir; I would not swear to it. 

Where did you first see this white woman ? I seen her in the 
middle room, sir. 

Where did she go ? She remained there, sir. 

What part of the room was she in ? In the right hand side of the 
room when I seen her. 

Did she do anything but stand still ? I would not swear to what 
she done, sn- I passed her quickly, and then my back was to her, and 
what she did I am not positive of. 

Was she still there as you returned ? She was, sir; there was a 
candle lit in that room. 

Did she say any thing ? Not that I heard. 

Do you state that you saw another woman, either white or col- 
ored, in either of the rooms ? There was a colored woman got out 
the side -vvdndow just as we got into the second room; she was not in 
the room at the time we got in; she got out the side window on the 
right hand side of the room. 

You saw a colored woman then get out of the window ? Yes sir. 
Who was it ? I didn't know her then— I suppose it is this Han- 
nah Flournoy. 

Was she in the room again as you returned back ? I didn't see 
her, sir. 

When did you say you enlisted ? In '61, sir. 

Where ? The first place was in Trenton, New Jersey. 

How long a term for ? Three months, sir. 

Where and when did you next enlist ? In Philadelphia, about 
the 1st of October, 1861. 

How long for ? Th ree years. . 



70 

Where did you next enlist, and when ? In December, '64, at 
Brandy Station, Virginia — '63 I should say, sir. 

How long lor V Three years, sir. 

When and where did you next enlist? Buffalo, New York, sir, 
on the 8th day of January, 1866. 

For how long ? Three years. 

When were you arrested for your connection with this matter? 

About three weeks ago, sir — between three and four weeks. I was 

not aware that it was for connection with this matter that I was 
arrested. 

When did you become aware of it ? Vv^hen I was brought here, sir. 

How did 3"ou become aware of it ? I was told of it by Major 
Whitely. 

Did Major Whitely have you arrested ? That I would not swear 
to, sir; I do not know who had me arrested. 

Have you ever received u letter since your arrest, iu relation to the 
arrest, from anybody ? Never received a letter from any one. 

Did you ever receive a written statement from any one ? No sir. 

Did you tell Private Price, of Company C, 16lh Infantry, that you 
had received such a statement from some person ? No sir ; I don't 
know such a man in Company C, 16th Infantry. 

Any private in Company C? No sir; I know them, but I never 
told them any thing of the kind. 

Any such to anybody ? No sir. 

How was this matter disclosed to you by Major Whitely ? Well, 
he told me what I was arrested for, sir. • 

What else did he state ? He told me that if I knew any thing 
about it, I had better make a full confession of the affair. 

What reason did he give you lor that ? He gave me the reason 
that it was my duty, sir; and proved to me that the evidence against 
me was sufficient. 

Did he hold out any inducements to you ? He did not, sir — 
nothing whatever. 

Did he tell you that if you would testify to certain facts which he 
stated to you, there would be no prosecution against you? He 
didn't mention any "certain facts" at all, sir. He told me to tell 
what I knew, sir. 

How many conferences have you had with Major Whitely? I 
spoke to Major Whitely three or four times before I said anything 
of thij^i affair to him. 

lad he make any statement to you that in case you testified to the 
implication of these gentlemen you would not be punished ? He 
njade no statement to me as regards my testifying against any pav- 
ticular person, sir ; he told me to tell what I knew of the affair, and I 
did openly and frankly; he offered me no inducements. 



71 

Did lie tell you that you would uot be punished if you would so 
testify? He told me I would not be prosecuted; he did uot tell me 
whether I would be punished or not — after I made the confession to 
him he told me that. 

Did he make that statement to you before you made any confes- 
sion to him ? Not as I remember, sir; I knew mj'self I could not 
be placed on the stand and at the same time be tried; it was not 
necessary for Major Whitel}- to tell me that. 

You knevv' then that by making the statement you have, you would 
be saved yourself? I don't know sii-; I didn't know whether my 
evidence would be sufficient to do, sir; cousequeutiy I wished to 
imi^licate no one; I did not do it for that purpose, su'. 

You stated that you didn't knov»^ your evidence "would do" — 
what do you mean ; "sufficient to do" what? I did not knov»- 
whether my evidence would convict or not, sir. 

If it convicted, you knew that you would be discharged — not hurt 
yourself ? I did not know positively, sir. 

Was that the impression under which you made the statement to 
Major Whitely ? The impression 1 labored under when I made that 
statement was, that it was my duty to do so, and I did so openly and 
frankly, not looking forward to any thing that may come hereafter. 

Y^ou stated that it didn't requirs Major TVhitely to tell you that 

you would not be liable to punishment if you made this statement; 

now, my question is, whether you were under the impression at the 

time you made it, that by making it you would be freed from hurt 

or harm ? was that your impression ? I was not positive as regards 
that. 

Was it your impression ; was it what you thought ? I say I am 
not positive, sir. 

Did not Major Whitely tell jon that he v*^ould guarantee you 
against harm from Government, if you would ? No sir; never talked 
of the Government harming me, sir. 

Did not Major Whitely tell you he would guarantee jon against 

all harm on account of this if you would ? He told me he would 

guarantee me protection, sir. 

Did Major Whitely have exclusive control of you since A^our arrest ? 
No sir. 

Any person permitted to see you v>ithout his authority ? There 
was no one came to see me, sir, to have any interview with me. 

Did you have any interview with anybody but Major YVhitely 
since your arrest ? Y"es sir, I had. 

Whom ? General Dunn and Governor Brown, sir. 

At your quarters, or at their quarters ? At the Adjutant's office 
in the garrison. 

Who took you there ? The sentry. 



72 

"Who had the control of your prison door? The sergeant of 
the guard. 

Under whose control was the sergeant of the guard ? I suppose 
he was under the officer of the day, sir; as far as I know, that is 
how I understitnd it. 

Did Major Whitely come to see you when he pleased? I don't 
know, sir, whether he came when he pleased or whether ' he had to 
get permission; I am not positive about that, sir. 

Did any body else except him come to see you there ? Not in 
the cell, sir. 

How often was he with you there? I spoke to him once in the 
cell, and once outside, sir; that is all I remember — yes sir, I spoke 
to him three times: the first time I was in the third cell; next time I 
was in the first cell — after the partition was put up; and the next 
time I was in the hall — last Sunday n\ght a week. 

What sort of a cell were you first put in ? In one of these cells 
OA^er there at the guard house, sir; the cell, before it was altered, 
was, I suppose, five or six feet wide and eight or ten feet long. 

tiow long did it remain in that condition ? I don't know, sir; I 
was taken out of that cell and put in the end one. 

How long was it before you were changed from one cell to the 
other ? It was about eighteen hours. 

Who was there when you were so changed ? The sergeant of the 
guard, and I think Major Smyth was in the hall, sir. 

Major Whitely there ? I did not see him, sir. 

AVhat is the size of the second room you were put in ? It is one of 
the large cells split in two hy a partition; it is about three feet w4de. 

Did you have any conference with Major AVhitely, in the first 
room you were put into? I spoke to him as regards getting a 
blanket, and one thing or another. 

Which room was it, that he first told you what you were arrest- 
edTor ? In that room, sir. 

The first one ? Yes sir. 

You had a talk with him in that room, then, about something 
beside a blanket ? He just asked me if I knew what I was arrest- 
ed for, and I told him I did, sir. 

You have just stated that you never knew what you were ar- 
rested for, until he told you ; how do you explain that? I was 
not positive, sir. I knew what I was arrested for ; my own con- 
science told me that, I might have been brought here on some 
other charge just as easily as not, if there had been any evidence 
against me. 

Did not you expressly state that you never knew what you were 
arrested for, until Major Whitely told you? I did, sir, — that is 



73 

1 never was informed by anybody. I knew, myself, what I was 
arrested for. 

Did Major Whitely then tell you what you were arrested for, 
b}' simply asking you if you knew what you were arrested for, and 
you telling him "yes"? That was not the way he told it, — no 
sir. 

How did he tell it ? He told it in a rather indirect way. 

Well, how did he tell it ; just answer that question, — how did he 
begin; narrate it just as it occurred, as near as you cnn recollect, 
word for word ? He spoke to me about this affair, sir. 

Just state how he began — what he said — his own words as near 
as you can recollect? He told me, what I knew about it, to make 
a statement of, sir. 

What is the first word he said; how did the conversation begin ; 
what did he state? I would not swear to the first word, sir. 

Well, just as near as you can, bring to your mind now how it 
began, and what he said ? That is what he said sir : he told me 
to make a statement of what I knew about the aifair — if I knew 
anything; he did not demand it of me sir — nothing of that kind ; 
merely asked me to do it. 

When was that ; when did that occur ? Just after I had gotten 
here. 

Which room were you in? I was in the third cell sir ; the 
same thing took place also in the second cell. 

Which first, the second or third? The first time he spoke to 
me about it was in the third cell ; there was less said there than in 
the other. 

Which one were you in first ? In the third cell. 

What do you mean by third cell ? I mean the third door. 

Were you put in that cell when you first came ? No sir, I was 
not put in there when I first came. 

Was that the first cell you were put in ? Yes sir. 

He mentioned it, then, to you, the first twenty-four hours after 
you came? I think it was, sir — yes sir. 

Then you were taken to the second cell? I Was taken to the 
end sir. 

The second cell that you were in ? Yes sir. 

That is the one you say was about three feet by eight ? Yes 
sir. 

How long were you in that? I was in there over twenty- four 
hours. 

How long ? Put in there one afternoon, and kept there until 
the second mornini; after. 



74 

Where were you taken then ? To the cell in the lower end, sir. 

What is the size of it ? About six by eight, sir — somewhere 
about there. 

Was that the first cell you were put in ? No sir. 

How long did you remain in that place? Until the next morn- 
ing. 

Where were you taken then ? Into the guard room with the 
prisoners. 

How long did you remain there? Until last Monday morning 
a week, sir. 

Where were you taken then ? Put in the end room, sir. 

Did you remain there ever since ? Yes sir. 

Where was it that you first made the confession to Major White- 
ly ? In the Adjutant's otBce. 

Was there any person present with you ? No sir. 

Do you swear that Major Wbitely did not have free and full 
access to you at all times since you have been here ? I could not 
swear to that, sir ; I do not know what Major Whitely's orders was, 
sir — no more than you do. 

Did Major Whitely tell you what other parties had confessed 
about this matter ? No sir. 

Did he ever make any statement to you, of what other parties 
had stated, by way of inducement to you ? He did not ; never 
made any inducement to me of any kind, sir. 

RE-DIRECT EXAMINATION.- 

Questions by Judge. Advocate: 

For what did Major Whitely tell you that he would guarantee 
you protection ; was it that you should tell the whole truth, or 
that you should implicate any })articular individuals ? That I 
should tell the truth, sir. 

Did or did not Major Whitely charge you not to implicate any 
innocent person in any statement you might make? He did, sir. 

When in your examination yesterday, you stated that the ma- 
jority of the people of Columbus were against Ashburn, — in regard 
to which statement you have been examined to-day ; were you 
speaking of the sentiments of the whole people of that locality,- or 
of a class ; and if of a class, what class of the people were you 
speaking of? I was speaking of the class having the most influ- 
ence. 

Were you speaking of the white population, or the black ? Of 
the white, sir. 

How many drinks did you take that night — the night of ,Ash- 
burn's assassination ? I took one, sir, at the " Ruby." 



75 

Were jon more or less intoxicated at nigiit than in the after- 
noon? More in the afternoon. 

You stated in your cross-examination that you were not certain 
whether you had spoken to Bedell before the night of the killing 
of Ashburn ; had you not often seen him previous to that time, and 
did you not know him well by ^ght ? I seen him most every day 
sir, and knew him well by sight. 

Were you intoxicated at all, the time of Ashburn's assassina- 
tion? I was not under the influence of liquor, sir. 

(Questions by the, C0U7H : 

Did you at the time you received the loan from ]N[r. Wilkins, 
promise and intend to pay it in the future ? 1 did not, sir. 

Did the person you believed you recognized as Chipley, have a 
revolver, and Hre it on Ashburn on the night in question?- No 
sir. 

Had you made application for your furlough before you were 
relieved as first sergeant ? Yes sir. 

Look at this paper and say if is a correct diagram of the house in 
which Ashburn was killed ; examine it carefully ? (Judge Advo- 
cate here handed a paper to witness.) I believe it is, sir. 

During your conversation with the accused, Chipley, after the 
murder of Ashburn, was there anything said in reference to th^ 
said murder; if so, state all that was said to you? There was not, 
sir. 

Was there anything said to you after Ashburn was killed, by 
any of the accused on the subject in question? No sir. 

Question hy Defense: 

Did Mr. Chipley say more than '-good morning," at the only 
time you spoke to him after the death of Ashburn ? Not as I 
remember 3 sir. 

GEORGE F. BETTS, a witness for the prosecution, being duly 
sworn, testified as follows : 

Questions by Governor Brovm : 

vVhat is your name ? My name is George F. Betts. 

Where do you live? In Columbus. 

Where were you raised ? In Columbus. 

Where do your parents live ? In Columbus. 

Cokuiibus — in what State and county? State of Georgia, 
Muscogee county. 

What is your occupation ? I have none particularly, sir. 

In what business were you last employed before you were ar- 
rested ? I was on the railroad, sir. 



How long had you been running on the railroad ? About seven 
or eight months. 

In what capacity ? Fireman, sir. 

Were you acquainted with George W. Ash burn? Not per- 
sonally. 

Did you know him by sight ? • I did, sir. 

Is he dead or alive ? He is dead, sir. 

Were you present at his death ? I was, sir. 

How did he die ? He was shot. 

How many persons were present when he was shot ? Between 
tweiitj^-five and thirty, I think, sir. 

Where was he killed ? In Columbus, 

At what locality in Columbus ? On Oglethorpe street, sir. 

In the street, or in a house ? In a house, sir. 

Where was that house located ? Located on Oglethorpe street- 
Can you give any description as to its location ? No sir, none 
particularly. 

Do you know the cross streets near it ? I do not recollect their 
names. 

How far was it trom the Perry House ? About two hundred 
yards, sir. 

Was there any vacant lot near it ? There was. 

Was the vacant lot on the same side of the street, or the oppo- 
site side of the street from the house where Ashburn was killed ? 
It was on the opposite side. 

Look upon that diagram (one handed to witness), and say 
whether, in your opinion, it is a correct diagram of the house in 
which Ashburn was killed? Well, I cannot tell, for I was not 
acquainted with the house. 

Had you ever been in it before that night ? I had not, sir. 

Was the end or the side of the house to the street ? The end 
of it was to the street. 

State whether there was any door in the end to the street ? 
There was, sir. 

Where did the persons meet who killed Ashburn ? In that 
vacant lot, I suppose. 

Where did they go from that lot ? To the house. 

What did they do when they got there ? Knocked at the door- 
Did any one say anything, and if so, what? They asked for 
admittance. Some one inside asked " who was there?" they said 
it was Mary Tillinghurst. 

What did the person inside reply ? Asked, " Who do you want 
to see?" 



7? 

What did the person outside say ? " Hannah ^lournoy." 
What reply was made to that? " Can't let you in--it is too 

late." 

Do you know who outside demanded entrance.? No sir, I do 

hot. 

Did the person seem to speak in his own natural voice, or in an 

effeminate voice not his own ? I can't tell. 

Did you hear him speak when he demanded entrance ? I did, 

sir. 

Did you know his voice ? I could not recognize it. 

'After admittance was denied, what then occurred ? The door 
was knocked down, or a part of it knocked down. 

Did any body enter? They did, sir. 

How manv persons, and who were they, to the best of your 
knowledge, who entered ? , 1 can't tell how many came m the 

house. 

Did you go in? I did, sir. 

Do you know any person whom you can identify, who went in . 

I do. 

Who were thev ? Mr. Dukes. 

If he is here, point him out. (Witness pointing to one of the 
prisoners.) There he is, sir. 

Who else? Mr. Hudson. 

Can you point him out? lean. 

Do so. (Witness pointed to one of the prisoners.) 

Do you see any one else present who was in there? I do. 

State who, and point him out. All of them, sir. 

Point out one at a time. (The witness pointed to each prisoner, 
severally, who at the order of the court rose up in full view of the 
court, as his name was called by witness : Mr. Robert A. Woods, 
Mr. James W. Barber, William Duke, Robert Hudson, Alva C. 
Roper, James Wiggins, Dr. Kirkscey, Columbus Bedell.) 

Any one else? 1 am not certain of Captain Chipley. 
Well, if there are any reasons that induce you to believe that he 
is the man, or any description of his person, state them ? The 
man in command'of that squad I taken to be Captain Chipley. 
Why did you take him to be Chipley? From his appearance, 

What was his appearance ? Just as it is now— a large man. ^ 
If he was disguised in any way, state it; how? He was dis- 
guised—had on a doughface. 

What do you mean by a doughface ? False face. 



1^ 

Wluit siTt o\' :i t':ilso tni-o \y:is it? It was diirk, 1 beliovo ; to 
u\\ lu'st know Iciliio ii n\ !is M:u'k. 

l)v> you know o\' what it was inndo? No sir. 

What did it look liko? Looked like a tsUso lace; that's all 1 
know. 

Whon you say doui;htaoo, do you moan that it was made of 
douuh. or somo other material? There was'nt muoh douuh about 
it. 

What did this pors»m do there tliat niu'ht, wlu>m yon took to be 
C'ajUain Chipley ? lie seemed to have eonunand ol' the squad. 

How many oi' those persons, it" any. wlunn you luive named. 
went with you into the house? Mr. Duki^s. Mr. Hudson, Mr. 
l>arber. 

Any one else? No sir; they I'ame behind nie whoever else 
came into the house. 

Hid you see Marshall anywhere that nii;-lu — a soldier? I did. 
sir. 

WluM-e was he when you went into the house ? He was with me. 

Vou havt^ stated that Ouke. Hudson. Barber, ^larsliall and your- 
self went into tlie house ti>!iether. Did you see any one else in the 
house after you oame in, besides the names you have mentioned'.' 
I did, sir. 

AVho were they ? Milton M alone, Henry Hennis, Dr. Kirks- 
eey. Columbus Bedell, and a t'ellow r.amed Blair— that's all I 
know about him. 

Did you see Bedell and Kirkseey do anythiui;- ? T did not. sir. 

^Vere you and the others, who first went with you, armed ? 
They were. sir. 

AVith what ? ^Vilh pistols. 

What sort oi' pistols ? I did not notiee elosely — revolver?, I 
believe. 

"What was yours ? Revolver, sir. 

When the dv'or was brokt'U down and you went in. what did 
you do? AVent on to the room. 

To what room .' Ashburn's room. I suppose, sir. 

What room was that — the first, seeond. or tliird room '.' Third 
room. sir. 

Did you hear Ashburn say anythinu". and if so, what? He 
H^ked •' who comes there?" 

What did ho then do? Hedid'nt do anything: particularly, not 
as I seen. 

AVho opened his door'!" He opened his door. 



79 

Was there any burning candle in his room or not? There was. 

Where was it? It was on the table, sir. 

Whefe was the table? In the middle f)f the floor, or about. 

What sort of table, if you recollect? A round table, sir. 

Where was Ashburn as you got i;ito the door? He was in his 
room. 

What part of his room ? He was on the right Ijand side. 

Was there any bed in the room ? There was. 

Where was it located ? In the corner of the room. 

As you went in, was it on the left hand or right hand corner? 
Right hand corner. 

When you got to Ashburn's door, if anybt)dy said anything, 
who was it and what did he say ? Bob Hudson said, " Yoii are 
a damned shit ! " 

What then occurred ? Firing, sir. 

How many shots were fired? To the best of my belief, there 
were thirteen or fourteen. 

Who fired? I did, sir. 

Who else ? Mr. Dukes. 

Who else ? Mr. Hudson. 

Anybody else? Mr. Barber. 

Anybody else? Mr. Marshall. 

Was there any one else? I think not, sir. 

Did you see Ashburn fall ? I did, sir. 

■Did anybody fire after he fell? I think they did, sir. 

Who? Mr. Hudson. 

In what position was he when he fired? He was on his knees 
squatting down. 

Why did he stoop down to fire ? I do not know. 

Was there anything in the way after Ashburn fell, to render it 
necessary for him to stoop in order to hit him? I believe the 
table was between him and Ashburn. 

What did }ouall dc after the firing, and after Ashburn fell? 
Went out, sir. 

Did anybody- go and look upon him after he fell, and if so, who ? 
I did not see anybody. 

Did anybody's mask fall off as you retired from the room ? 
There did. 

Whose? I believe it was Lum. Bedell's. 

Did you hear him make any remark to a woman or anybody 
else? I think he did. 

What was the remark? The best I can recollect is he said he 
would kill her if she told on him. 



Bid all the party go in the house, or did a part remain outside ? 
They did'nt all go in. 

State whether the man you took to be Captain Chipley went m ? 

I didn't see him go in. 

Did you see any woman in the house when you entered ? I did . 

Who were they ? A white woman and a nigger woman. 

Can you give their names? I can. 

Do so. Amanda Patterson, Hannah Flournoy. 

Do you know Mr. Bennett ? 1 do. 

Did you see anything of him in the room? I did not. 

Were there any places in the room where he could have con- 
cealed himself; if so, what sort of places ? I do not know that. 

Could he have been in the room without your seeing him? I 
suppose he could, sir. 

After you retired from the house, what did the party then do? 
They went on across the street, and went through the lot. 

How many do you think were present? Between twenty and 

thirty. 

When they passed the vacant lot what did they do? I do not 

know. 
State whether they remained together or whether they scattered 1 

1 cannot tell. 
Where did you go ? Went home. 
Where were they when you separated from them? In thai 

lot? sir. 

Who did you first meet when you got there that night ? Mel 

Bill Dukes. 

Who next ? Met the crowd next. 

How long after you got there before you advanced to Ashburn's 
house? About ten minutes, sir. 

Why did you go there that night? I went there to help kil 
Ashburn. 

Did you expect to meet anybody else there ? I did, sir. 

Why ? Because I was told so. 

Who told you ? Dr. Kirkscey. ^ 

How m-iny conversations had you had with Dr. Kirkscey oi 
this subject ? One, sir, 

Where was it? In Columbus. 

In what part of the city ? In Oglethorpe street. 

How did the conversation occur ? He just called me to him 

What did he say ? He told me he wanted me to join that partjj 

What party ? The party to help kill Ashburn. 



81 

Why did they say they wanted to kill him? They didn't tell 
ine that. 

Why did he say it? He didn't tell me. 

Did he say anything about money or anything of value, and 
what ? He did, sir ; he said he would give me so much money to 
go there. 

What sum ? Fifty or a hundred dollars. 

State whether you agreed to go ? I did. 

Was any time fixed ? There was. 

When was it ? Monday night. 

What month and what day of the month was that Monday 
night ? It was March — 30th day of the month. 

Was anything said about the time of night the meeting was to 
take place ? There was. 

What time ? Between twelve and one o'clock. 

At what place ? At that vacant lot. 

What vacant lot do you mean ? It was on Oglethorpe street. 

Where were you in the early hours of that night? I Was 
knocking around town. 

Did you go home any time of the night before the killing ? I 
did, sir. 

What time in the night did you go home ? Between ten and 
eleven o'clock. 

What did you do when you got home ? Went to bed. 

How long did you remain in bed ? About a half hour or three 
quarters. 

What did you then do? Got up. 

How did you get out of the room ? Got out of the window. 

Where did you go from your room ? Went up on Broad street. 

Then where did you go ? Went on up town. 

How long after that before you went to the vacant lot? I went 
on up there, sir. 

After the killing of Ashburn, how long before you returned 
home? I suppose it was about an hour. 

Where did you go in the meantime ? I went away down town. 

When you got home how did you get into the house ? I got 
in at the window. 

What did you then do ? Went to bed. 

Where were you next morning ? I was there. 

Did you get up as usual ? I did. 

State whether the family or any of them knew you were absent 
after you went to bed that night? I do not think they did, sir. 

Did Dr. Kirkscey give you any reasons why they intended to 



82 

kill Ashburn, and if so, what ? No sir, he did not ; I knew them; 
though. 

How did you know them ? They wanted to get him out of the 

way in election times. 

When you went down town after the killing, with whom did 
you go ? Went by myself. 

CROSS-EXAMINATION. 

(Questions by Mr. Stephens : 

Leave all the rest there ? No sir, I didn't leave them. 

Which way did the others go? Went on through the lot. 

Bid you go back to the lot? Not right then. 

Did you go back to the lot— that is my question ? I did, sir. 

Did anybody leave the lot with you ? No sir. 

Did anybody leave before you ? I went with the crowd, they 
went one way, I went the other. 

You went with the crowd, and you went one way and they went 
the other? When I left thom. 

Did you leave the crowd all at the lot? I left them going 
through the lot, sir. 

Did anybody go with you when you left? No sir. 

Did you go into the lot ? I did. 

And then did you turn right around and go back ? I didn't. 

Which way then did you go ? Went up the street. 

Which street ? I believe it is Church street. 

Which str.eet is the vacant lot on ? It is on both of them. 

Which both ? Oglethorpe and Church. 

Did you go then through the lot to Church street? I did. 

Did they all go through with you to Church street? I left 
them about half way, sir. 

You left all about half way in the lot ? I did not leave them all. 

Where were the balance ? Some went down the other street, 
down Oglethorpe street. 

Did you not state that they all went back with you into the lot '^ 
I believe I did. 

Is it true? Some of them turned off down Oglethorpe street. 

Which ones of them ? I do not know. 

Which ones of them were with you ? I do not know that. 

Do you know a single one that did ? I do. 

Which one was it? Bill Dukes. 

Which other one went ? Bob Hudson. 

Which other one ? Jim Barber. 

Which other one?' Dr. Kirkscey. 

Which other one? Lum Bedell. 

Which other one? Henry Hennis. 



Any other one? I do not recollect. They are all I know 
went through the lot with me, I believe. 

Are you certain of it or not? No sir, I aint. 

Well, then, did you leave them all there ; do I understand your 
testimony to be that you left them all there ? I went by myself. 

Did you leave them there, is my question ? There is where I 
left them ; there is where I turned oft' from the crowd. 

You say you left them there ? I did. 

And went alone ? Yes sir. 

Did you say you went down Church street ? No sir. 

What did you say about Church street? I went up Church 
street. 

And you left Bedell, and Barber, and Dukes, and Hudson and 
Kirkscey in the middle of the vacant lot? About the middle. 

Was there any conversation had between you, or any of you. after 
the crowd got into the middle of the vacant lot ? Going from the 
house there was. 

What was that conversation? Milton Malone asked me why 1 
did not shoot all the barrels of my pistol off. 

Anything else ? No sir. 

You say that all of the crowd you knew went into the middle 
of the vacant lot with you ? I believe so. 
* Did Hennis go? I think he did. 

Marshall ? I did not see him. 

What did you do with your mask? Tore it up. 

Where did you tear it up ? Tore it up in the street. 

Which street? I do not know what street it was ; it was in 
Columbus. 

What kind of a mask did you have ? Had a black one, sir. 

What kind of a mask did Bedell have ? Had a black one. 

Where did you get the mask you had ? I made it. 

Did you ever ask Dr. Kirkscey for the fifty dollars or the hun- 
dred which he promised to pay you ? No sir, I never asked him 
for it. 

Did he say anything to you about paying it ? He said he would 
send it through the post office to me. 

When did he say that ? He said when I received it I would 
get it through the post office. 

Did you ever get it through the post office ? No sir. 

And you never said anything to him about it? No sir. 

Now, upon your oath, Mr. Betts, will you swear that you ever 
spoke to Dr. Kirkscey, or Dr. Kirkscey to you, in your life, about 
anvthinec? 1 have. 



84 

Bid anybody ever ssr yon speak to Dr. Kirkscey or gee you in 
company with him ; or is there anybody living by whom you can 
prove that you ever had a conversation with him, or that he ever 
knew you? I do not know whether I can or not. 

How high is that window of your bedroom ? I do not know, 
exactly how high it is. 

How high do you suppose it is ? Higher than my head. 

How were you dressed that night ? I had on a black coat. 

What sort of pants ? A pair of dark pants. 

When were you arrested? I was arrested on the 21st of May, 
I believe. 

In whose custody have you been since? Been in the military > 
custody. 

Who had charge of you ? Cf'ptain Cook at this place. 

Where were you first taken after your arrest ? To Fort Pulaski. 

In whose charge were you put there ? Captain Cook was in 
charge of the Fort, I believe ; I do not know. 

Where did you first get acquainted with Mr. Whitely ? I never 
seed him before till I got to the Fort. 

Did you have any acquaintance with Captain Chipley ? Not 
personally, sir. 

Did he ever speak to you or you to him in your life, until since 
your arrest ? I do not recollect. 

You have no recollection of any words passing between you and 
him in your life ? No sir. 

Is it true that a word never did pass between you and him in 
your life until since your arrest ? I do not recollect. 

Did you ever speak to Mr. Bedell in your life ? I have. 

Did he ever speak to you ? He did. 

Can 3'ou state any occasion ? I can. 

State it? Mr. Bedell was shooting in his lot one day, and I 
was an officer. I went to his lot and told him not to do it. He 
said it was his lot, and he would shoot when he pleased. He was 
shooting a hog. 

Has Mr. Bedell any lot ? I do not know. 

You don't know? It was the lot where he lived ; I don't 
know whether it was his or who it belonged to. 

When was that? Been a good while ago. 

How many years? No years at all. 

How long ago then ? I don't recollect. 

Three months ? More. 

Six ? More than that. 

Twelve ? I don't think it was that long. 



85 

How was Mr. Woods dressed that night? I don't recollect, sir. 
How was Mr. Dukes dressed that night? He had on hlack 

clothes. 

How was Mr. Bedell dressed? I don't recollect. 

Was it a dark night or a moonshine night ? I think the moon 
had just gone down, sir. 

How was Mr. Koper dressed? I don't recollect that, either. 

How did you know them— you stated that they were all masked ? 
I spoke to them, sir. 

Which on.es did you speak to ? I spoke to all I mentioned. 

When did you speak to them— before you got to the house or 
afterwards ? Going to the house. 

Did they tell you their names? No sir. 

W^ere they all masked when you first saw them? Will Duke 
was not. 

Did he put on a mask afterwards ? I do not know whether he 

did or not. 

Were all the rest masked except Bill Dukes? 1 think they 

were, sir. 

Well, how did you know them ? By their talk. 

How did you know them individually ? Because I had been 
raised up with them. I knowed them as good as I know myself. 

Were you as intimate with Mr. Bedell as with yourself? No 
sir. 

Did you ever hear Mr. Bedell talk except when you heard him 
say he would shoot the hog ? I have. 

Ever on any other occasion except that ? No sir. 

He'never did on any occasion except that? Not as I recollect. 

You never heard him utter a word in your life, except that he 
would shoot when l*e pleased on his lot ? Yes sir, I have. 

If so, state when and where ? On the street. 

State on what occasion it was ? I heard him talk— he was not 
talking to me. • 

Can you state what you ever heard him talk about, and who 
were present? I do not know, sir, what he was talking about ; 
I heard him speak. That is the question you asked me— whether 
I have ever heard him speak. 

Do you say that you have ever heard him speak often enough to 
be as familiar with his voice as to recognize him under a mask, 
and to swear positively to his identity from his voice ? I do not 
think I would. 
Would you say the same of Dr. Kirkscey ? No sir. 



86 

Are you more familial' with liim than with Bedell — more inti- 
mate? I would know him sooner by his voice. 

How long have you known Dr. Kirkscey ? I don't exactly 

recollect. 

How long as near as you can tell ? I don't know ; I could not 
say. 

Kaised with him ? No sir. 

Did you not say you were raised with all of them? No sir. 

What did you say about being raised with them, I understood you 
that way? Raised with the biggest part of them. 

Dr. Kii'kscey was not one o-f them ? No sir. 

1 want you now to state as near as you can when you first knew 
him ? I knew him some eight or nine months, I reckon. 

How long have you know 3Ir. "\\''oods? I cannot tell that. 

Longer than Kirkscey, or shorter? Longer. 

Can you swear that you could recognize his voice? Yes sir: to the 
best of my knowledge and belief, I believe I could. 

How w'as he dressed that night ? I don't recollect, sir. 

You say you recognize these gentlemen by their voices as they were 
talking as they went trom the vacant lot to the house where Ashburn 
was killed; can you state any thing that any one of them said ? T can. 

State it? 31r. Hudson— Bob Hudson — said *'we would give him 
hell.'' 

Anything that any other said ? No sir. I don't believe I do; I don't 
recollect particularly what they said. 

Do you state upon your oath that the only ground of your recogniz- 
ing them was their voice? I knowed them very well. 

Have you not just stated that you "knowed" them by their voices ? 
Yes sir, 1 did. 

You say you were first taken to Savannah ? Taken to Fort Pulaski. 

Where did you lirst get acquainted with 31r. Whiteley ? At Fort 
Pulaski. 

Did he have charge of you there ? Captain Cook had charge. 

Have any interview "with Mr. Wbitely there ? I did, sir. 

When did you first know what you were arrested for? I don't re- 
collect that; I dont recollect the time. 

Who told you ? I don't recollect. 

Who was present the first interview you had with Mr. Whitely ? 
Nobody, sir. 

Where did the interview take place ? At Fort Pulaski. 

Did he tell you what you were arrested for ? No sir; I don't believe 
he did. 

Who did tell you ? I don't recollect. 

To whom did you first make the disclosure that you have made 
here ? To 31ajor Whitely, sir. 

Where was it at ? Down here in one of those houses. 

Did you make no disclosure to him at Fort Pulaski ? No sir. 



87 

Did he eiuleavor'to get you to make any ? Xot particularly, sir. 

What did he do "i Didn't do anything. 

What did he say on the subject of your making a disclosure? I 
don't recollect, sir. 

Did he tell you that he had proof of your guilt, and that if you 
would testify against the other parties, you would be protected? I 
knew that. sir. 

You knew what ? J knew that I would be protected. 

Didn't Mr. Whitely tell you so ? He did, sir ; I knew it before ever 
he told me, though ; I knew his business very well. 

What was his business ? He was a detective. 

He is no Major in the army, then ? I do not know whether he is or 
not. 

You say you knew his business? From wiiat I have heard. 

His business is a government detective? Yes>ir; a government 
detective, or a government agent of some kind. 

Didn't he tell you that if you didn't make a disclosure, that you 
would be hung? I don't recollect. 

Didn't he tell you in substance that you had better save your own 
neck ? I don't recollect it, sir. 

Didn't he tell you that these other gentlemen were men of pro- 
perty, and that they would let you be hung, and that you had better 
save your neck by coming out with the truth against them ? I don't 
recollect that either; something of the kind was sai<l. 

State as near as you can what it was that was said ? 1 don't recol- 
lect anything particularly. I knew it, though, before he told me so. 

Did he tell you to say that on your oath ? JS'o, he didn't. 

Was Mr. Daniel under arrest here ? He was. 

Did Mr. Whitely have the exclusive control of you; did anybody 
see you except by the permission of Mr. Whitely ? Officers came 
there ; soldiers seed us without his permission. 

Did they go into the room ? We were not in a room. 

Where were you then ? In the cells. 

Did the soldiers go into the cells at any time, have free access to 
you ? They came if they chose. 

Did they do it ; that is my question ? No sir ; the cooks came there to 
bring rations to us. 

Were you permitted to have any intercourse with friends, without 
the permission of Mr. Whitely ? I never had any at all. 

Did Mr. Whitely tell you the arrest of the other parties? I think 
he did. 

Don't you know he did ? I am not certain he did. 

Didn't he take you to a place and show Mr. Daniel in another part 
so that you could see him ? Xo sir, he didn't. 

Didn't he tell you where he was ? I knew where he was. 

Didn't Mr. Whitely tell you so ? I don't recollect, sir. 

Didn't he tell you how he got there ? I believe he did. 

How did he tell you he got there ? Gave a bond. 



Whtit else did ho tell you about it ? I don't recollect that. 

You don't recollect? No. 

Didn't he tell you distinctly that Kirkscey and Chipley had bonded 
him, Daniel, and was leaving you to be hung because you were poor; 
didn't he tell you that Kirkscey and Chipley said that their money 
would save them ? 1 believe he did. 

And also that you would be hung, and that thereby they would get 
rid of you ? No sir, lie didn't. 

Well, didn't he say they would get rid of you? I don't recollect 
that either. 

Didn't he tell you that Kirkscey and Chipley said theirmoney would 
save them ? I believe he did, sir. 

Didn't he give you assurance that if you would come out and make 
a statement, you would not be hurt ". I knew that, sir. 

That is not my question; I ask you didn't he tell you so ? He did, 
sir. 

1 will put thi< question : Didn't he tell you that Kirkscey and Chip- 
ley sail! that their money would save them, and danui the other lellows, 
we want to get thom out of the way ? No sir. 

Didn't he tell you any words to that effect? I don't think he did, 
sir. 

Did he not tell you in the presence of your father to remember that 
the halter was still round your neck ? No sir. 

Did Mr. Whitely allow you to see your father by yourself? He, Mr. 
Whitely, was in the room, sir. 

RE-EXAMINATION. 

Questions by the Prosecution: 

If the promise of protection made by Major Whitely was dependant 
upon yoiu- testifying against any particular person or persons, name 
such persons ? No sir, it was not. 

Upon what was it depentient? Upon telling all that I knew, sir. 

If he gave you any warning to criminate no innocent i)erson, state 
what it was ? I dont recollect particularly, but he told me not to do it. 

1 will ask you whether you have done it in any statement you have 
made here, whether you have criminated any innocent person? No 

sir. 

State whether or not you were well acciuainted with xMr. Bedell by 
sight ? I was sir. 

Do you not know many persons by sight to whom you have never 
been introduced, and with Avhom you have never spoken ? T do, sir. 

You testify that you heard these persons in conversation before you 
went into the house; I ask you whether there was any light in Ash- 
burn's room after you went in? There was. 

State wlietlier you .^a.s them in the house where the light shone 
upon them? I did, sir. 

State whether that did or did not aid you in identifying them? 
Not particularly ; I knowed who they were. 



. 1)0 you mean to say that you knew before they went in who they 
Were? Yes sir. 

State whether on seeing them in tlie light you found yourself mis- 
taken as to any one of them, and if so, who ? I did not. 

State whether or not \n the crowd that right you heard any of those 
present call others by name, and if so, whose name you heard called? 
I heyrd Dr. Kirkscey's name called. 

Do you know by whom it was called ? No sir. 

State whether you heard any other name called ? I heard Jim 
Barber's name called. 

Any other ? I heard Henry Hennis' name called. 

Any other? I don't recollect; I don't think there was. 

Questions by the Court: 

State the year of the occurance? 1868, sir. 

Did any one go as Captain of the party, and give you directions ; 
if so, who was he? I think there was. sir, a commander — well, sir. 
I think he was. I would not swear it, but 1 think he was Captain 
Chipley. 

Did any persons fire from your rear on Ashburn ; if so, state about 
the number of shots, and the names of the persons who fired them, to 
the best of your knowledge? There was two shots fired, sir, from 
behind me; Jim Barber, I think it was him to best of my knowledge 
and belief. 

You state that Bedell's mask fell off; did you recognize Bedell at 
that time? I did, sir. 

How long have you lived in the same town with Dr. Kirkscey, 
"Wood and Bedell, and known them? I could not exactly say — a 
good while. 

What were your reasons for assisting in killing Ashburn ? Because, 
sir, I thought he was a tyrant to the place and ought to be out of the 
way. 

Question by the Prosecution: 

State what time of the night the killing took place. Between 12 
and 1 o'clock. 

Questions by the Defence: 

Were you or not very much intoxicated the early part of that night ? 
I was not. 

You say that the person you supposed to be Chipley did not go into 
the house; you then did not see him by the light ? I did not see him 
go in, and did not see him by the light; there was a gaslight in the 
street, close to the house. 

How near is the gaslight to that house ? It is right catacornered 
across — I suppose a hundred yards. 

Eerringer's corner ? No sir. 

What place was it ? Right in front of a house about one-third of 
the block. 



00 

Do they have gaslights moonlight nights ? The moon had gone 
down. 

Question by the Court: 

Did your party pass a gaslight in going from the vacant lot to 
Ashburn's house? No sir. 

Court adjourned. 



JULY 2; 1868. 
EXAMINATION OF GEORGE F. BETTS RESUMED. 

The witness GEORGE F. BETTS, having heard his testimony of 
yesterday read over, desired to make the following correction where, 
on page 89, he says, '' There was a gaslight in the street close to the 
house;" he desired now to say: " In regard to the gaslight, 1 will 
not be so positive whether it was lighted or not." 

Permission having been granted, the following questions vrere asked 
the witness: 

Questions by the Defence : 

Have you had any conversation with anybody, about that portion 
of your testimony since it was delivered here yesterday ? Have I had 
any ; no sir, none particular. 

Have you had any, is my question ? Xo sir, 1 have not had any. 

You conversed with nobody upon this su])ject since yesterday.— 
upon the subject of this gaslight ; has your testimony about that been 
mentioned to you since you retired from this Court yesterday ? No 
sir. 
' Do you know Jacob and Isaac Marks, ol Columbus, Georgia? I 

do, sir. 

Have they lately been under arrest here ? I think they have. 

Were they brought before you, and if so, by whom ? They were 
brought before me by Major AYliitely. 

Were you asked if they were present at the killing of Ashburn, or 
words to that effect ? Yes sir. 

What was your reply ? *• No," sir. 

Did not Mr. Whitely then say that you had sworn that they were ? 
He did, sir. 

Did not you say, " Well, you dictated the names" ? Yes sir. 

Questions by the Judge Advocate '. 

What do you mean by " dictated the names" ? AVell sir, with re- 
gard to that last question, I think I gave a wrong answer: I don't 
think •" dictate" was mentioned at all. 

Do you know what the word " dictate" means ? Not exactly sir. 

Did Mr. Whitely ever name any persons to you, and tell you that 
you should make an accusation against them, in regard to the murder 
of Ashburn ? I don't think he did, sir. 

Didn't you make the statements to him voluntarily, implicating the 
parties in regard to whom you testified here? I did, sir ; only Major 
Whitely talked to me as a friend,— advised me what to do ; there was 



no inducements, sir, whatever, made to me. I done tliis voluntarily. 
Did Major Wbitely ever advise you. or suggest to you, to bring an 
accusation against any particular person ? No sir. 

Questio7is by the Defence : 

What did you say when Mr. Whitely told you that you had sworn 
that the Markses were at the killing? I said I would not identity 
them, or could not, I don't know which— one or the other. 

Did you say anything about dictating, or giving the names, or words 
to that effect? I do not recollect, sir. 

THOMAS S. TUGGLE, a witness tor the prosecution, being duly 
sworn, testified as follows ; 

i^uestions by the Judge Advocate: 

State your name, residence and occupation? My name is Thomas 
S. Tuggle; T reside in Columbus, Georgia, and my profession is that 
of a physician. 

Did you see the body of George \V . Ashburn after his death ? Yes 
sir. 

Where did you see his body, and when ? The day after he died, I 
suppose between 9 and 10, or probably 10 o'clock in the morning. The 
house was on Oglethorpe street, nearly opposite the Perry house. He 
was in the third room, I think, from the street, entering at the end of 
the house. I do not know how many rooms the house had. It was a 
long row going back, and I was not further back than the room his 
body was in. 

Where was his body in the room ? I-ying in what 1 would call the 
north-west corner of that room ; his head was towards a window 
which was to the right of a chimney. 

Was his body on a bed ? No sir, lying on the floor, with nothing 
Under him at all. 

How was he dressed ? With a long shirt, you might term it a gown, 
and an overcoat— a sort of sack overcoat probably— no other clothing 
that I remember. 

If you made any examination of the wounds upon his body state 
What they were? I only looked on while Dr. Kirkscey, and Dr. 
Moses, and Dr. De Graftenried and Dr. Terry turned the body. I do 
not think I put my hand on the body at all. I made no examination 
with my own hands. I saw Dr, Kirkscey probe the wound on the 
head with a pencil, or pen staff. 

State where that wound was ? AVell, as well as I could say now, it 
was right in the centre of the forehead, ranging back, and a little 
down, as if his head had been leaning forward at the time. I supposed 
that it was probably an inch above the eyes as well as I recollect now. 
There was other wounds on his body. He had one on the right side of 
the nates that seemed to be a superficial one. He had one on the left 
leg, if I am not mistaken, that seemed to have passed through the leg. 
I think there was an abrasion probably on his right foot. It might 
have been a bullet hole, I am not certain about that. There was blood 



92 

there, and I thought from the looks of it that it was; there was a 
crowd in the room, and it was not very light, and 1 did not put a 
probe in it. 1 could not swear positively that there was a wound on 
the right foot, but I think there was; I know there was blood there 
at least. 

State whether from the probing of the wound in the head which 
you saw made, as you say, by Dr. Kirkscey, that wound was a mortal 
one or not? I should consider that it was a mortal wound from the 
direction that it went; that is, providing there is such a thing as 
wounding a man mortally in the brain ; it seemed to have entered 
centrally, going directly towards the centre and base of the brain. 

Is it your opinion that he did or did not die of that wound ? Well, 
sir, if that wound was there before he was dead I think it produced 
his death. 

Did you observe any bullet holes in his garments ? Yes sir. I saw 
Dr. De Graflfenried turn him over like, and saw where a bullet hole or 
two, or probably more, had went through the coat that apparently 
had not struck his body. 

Did the body, when you saw it, appear to be in the condition in 
which it had died? Yes sir, I do not presume from the appearance 
it presented that it had been moved much, from the extravasation 
of the blood, which appeared to be on the body next to the floor, 
between the skin and the cellular tissue. 

What in your opinion inflicted that wound ? Well, sir, if I should 
udge from its appearance, it was a bullet. 

ALEXANDER G. BENNET F, a witness for the prosecution, being 
duly sworn, testified as follows: 

Questions by the Judge Advocate: 

State your name, age and occupation ? Alexander Gordon Ben- 
nett; age forty-eight ; machinist. 

Where is your residence ? In Columbus, Georgia, for the past two 
years. 

Were you acquainted with George W. Ashburn in his lifetime? 
Y^'es sir. 

How long had you known him previous to his death ? About two 
months. 

Were you and he living in the same house at the time of his death? 
Y^'es sir. 

Were you in that house the night of his death ? Yes sir. 

State to this Court all that you know about his death ? I had been 
out with Mr. Woodfield, the Master, Muscogee Road, until about eleven 
o'clock ; came in some time past eleven and went to bed. I could not say 
how long it had been betwixt that and the time a rap came to the 
door. Some one in the house, I think it was Hannah Flournoy, asked 
who was there; they said it was one Mary Tillinghurst; she said no 
one could come in at that time of the night; and they said if they 
would not be let in they would break the door in. 1 got out of bed 



93 

aiul went into Ashburn's room, und asked if he had any weapon. lie 
said he had. I asked him to give them to me as some one was going 
to break in the door. He said " No," he would use them himself. I 
then tried the back door and side door; there are two doors, one 
leading into an alley way and one into a back porch; some one at the 
back door said, " Get back, you son of a bitch." I then asked Ash- 
burn again if he would not give me the pistol instead of using it 
himself; he said "No," and then put on his overcoat, and told me to 
look out for myself, and that God w^ould take care of him. I then left 
the room, and told him not to light any light. When I got to the door 
betwixt the front room and the middle room the front door was broke 
in; the rush of men coming in, I got behind the middle door at the 
back of the bed. Some women's clothes were hanging on the back of 
the door on some nails, and they hid me entirely. One article of 
clothing also hung on the bed post. Mr. Ashburn opened thf|door of 
the room, having a lighted candle, and said " AV^ho confes there?" The 
party that was coming in said, ''You are a damned shit." Three then 
came into the light of Mr. Ashburn's room. I could see them. They 
commenced firing, then one of them withdrew back, the one on the 
left hand side of the door, the same side on which the door opened; 
then other two came up and fired in the place of those who were 
firing first. The last one that fired sat down on his knees and fired 
under the table. All I heard Mr. Ashburn say afterwards was ''Stop! 
stop !" I think three times distinctly uttered. After the firing com- 
menced, and about the same time they commenced tiring I thinic, the 
side door from the alley was broke in, but can't say wiiether there 
was any firing from that point or not. After the firing I heard some 
one say '' Come on, boys," with that they started and run out the 
door. Then I came out after that, and the girl and boy standing in the 
front room said, '*(to back, they're coming again," so I went back to 
the same place again, but it proved to be the police. 

Was that room Mr. Ashburn's home ? Yes sir, it was all the home 
he had while in Columbus this last time. 

Do you know whether he owned it or rented it ? Rented it, I think. 

Do you know from wiiom he rented it ? I think it was the colored 
woman. 

Name her? Hannah Flournoy. 

Where did he take his meals ? In that room. 

Who furnished them ? I think he was furnishing himself, and the 
colored woman w\as cooking for him. 

Did you know why he weiit there to occupy that room ? I know 
what he told me himself, and what I saw in the papers at the time, 
that he could not get a bed at no hotel. 

How^ was he dressed when you first saw him that night after he 
came out of his bed ? He had nothing on but a night shirt, and then 
he put on his overcoat when he came out of bed. 

Was it by the light from his room that you saw these parties who 
were firing upon him ? Yes sir. 



94 

Did you know either of the parties who fired upon him? 1 believe 
I did. ' 

Name any one v.hom you know? Hudson, William Dulce, and 
Jim Barber, and one Marshall, and George Betts; I did not recognize 
Hudson nor Marshall so certain as I did the other three. 

Did you recognize any other persons in that night about tlie time 
that Ashburn was killed ? There was more in the room but T could 
not see themi, they were in the shade; there was more in the front 
room, I could hear them talking to the girl in the front room. 

How many persons in your opinion were in the house that night 
besides the ordinary occupants ? I supi^ose between twenty and 

about twenty, I think, by the number apparently walking about. 

Do you mean that uiany in the house, or that many in and about 
the h|^d[? About that many in the house; 1 could not say for 
certap^ • 

Did there appear to be many Avithout and about the house at that 
time? Yes sir; they seemed to be in an alley way — I could not say 
about the door before it was br(>ke in. 

Did you see Ashburn's body that night after his cVeath ? I did, 
atter the police had ))een in the room and the Mayor came in. 

Di<l you see any persons go into the room shortly after Ashlturn's 
death, or about the time it occurred? The first man that went in 
was Lawrence, a i)olieeman. 

Where was his body when you first saw it after his death ? Lying 
with his head against the wall, at the back pjirt of the room, and his 
feet pointing towards the table, at a kind of an angle across the room. 

Were you present the next day. when Dr. Tuggle was there ? Yes 
sir. 

Was the body in the same position when he was there, as it was 
when you first saw it, after Ashburn's death ? With the single ex- 
ception of being drawn about a foot towards the table. That was done 
for the purpose of straightening him out, so that he might not stiffen 
before he was straightened. It was done by the Mayor, or by his 
order. 

How many shots did it appear to you were fired at him ? I think 
about fourteen, but won't be certain. 

Do you know how many wounds there were on his body* ? T think 
there were three or four. I won't be certain on that head, as I did not 
look at any of them except those on the head. 

Did you observe whether there were any shot holes through his 
clothes ? There were some in the coat, but 1 did not examine it 
closely. 

Were there many marks of shots in the walls, or in the room ? Yes ; 
a good many. 

Did any person occupy that room with Ashburn ? Nobody, except- 
ing me sometimes. There had been a gentleman in the same room 
some nights previous to that, named Edw\ards. 



95 

Who occupied the room next to his, towards the street? Amanda 
Patterson and a colored woman. 

Wliat is the name of the colored woman ? Hannah Flournoy. 

Who occupied the front room ? Nobody in general occupied it ; it 
was only rarely that it was occupied by any party. I was late coming 
in that night, and I occupied it. 

W ere there any other occupied rooms in that house ? 1 here was a 
back kitchen, (two rooms), occupied by colored people. I don't know 

who they were. ,,,^1.0 

Were you examined before a Coroner's inquest that was heldtheie .' 

Yes sir 
Did you make the same statements there, that you have made here 

^''were you not under oath ? T was under oath, but I did not tell 
that T knew anv of them, or su^^picioned any. 

Why ? Because I should have been cutting my own throa|^i||^haa 
done so. ^ T'^* , 

What do vou mean bv - cutting your own throat" i I mean ^unph 
this, that I believe the " Ku Klux Klan" Avould have put an end to 
me, as thev threaten to do any w^ay. 

Was it then because vou were in fear of your lite ? Certainly. 
Have you at any time since the death of Ashburn had any conver- 
sation with either of these persons on trial ? Yes sir. 

With whom? I have spoke to them all since I came here, I think. 
1 mean had vou anv conversation with any of. them in Columbus, 
after the trial ? I had one conversation with Mr. Chipley and Kirk- 
scey I believe, about six or eight weeks after the occurrence. That is 
the onlv conversation with any of the prisoners that I have had. 
Where did that conversation take place ? At the jail, I believe. 
Which side of the jail were you on, inside or out ? We was m a 
room in the second story occupied by the sheriff. 
Did they come there to see you ? Yes sir. 

What business, did they say, they had come for ? The principal of 
it was about political ; and to know what evidence would be against 
them, or what evidence I knew would be against them. That was the 
mo>t of the conversation. n ^ 

State what thev said on this subject of the evidence i 1 could not 
state all that thev said; it was principally that they thought there 
was nothing against them but this colored woman Flournoy, or some 
other colored peoule. They wanted to know if I knew any of them 
that had told anything against them. 

Was there anything said in that conversation about Amanda fat- 
terson '^ No sir, not that time-nothing with these two men at all. 

Did thev make any request of you, in regard to these colored peo- 
ple ? Nothing, except asking the question what it was that they had 
saicl against them. 

Did they ask you for any assistance, or aid of any kind m tins 
trouble? No, not particular. They never asked me for any assistance. 
The assistance tliey asked of me was political, more or less. 



96 

Yon refei-red awhile ago to a conversation with somebody else 
about Aminida Patterson ? That was with one Mr, Hughes, a cotton 
merchant, and the other was Mr. Bovvers, a banker. 

Will you state what that conversation was ? He asked me— Hughes 
did— about Robert Daniels, if he was in the custom of coming to see 
this girl; and I told him that he was, could not say how often, but 
I had seen him there; and he asked me if I thought she could have 
any evidence against D.miels, and 1 said 1 could not say. He asked 
me if it would not be as well to get her away from the phice; I said, 
I do not know whether it would be suitable or not. He said if she 
would go away there would be plenty of money furnished. 

Did he or any one else ask you to interest yourself to get Amanda 
Patterson away from there y I believe Mr. Bowsers was the only one 
that ever asked me; Mr. Bowers and Hughes was the only two. 

DRFthey both ask you, or only one in tlie presence of the other? 
One at a time. They weie not in the presence of each other ; one was 
in the barber's shop kept by Sandy McDougall, I think, and the 
other was in the biir-room behind Spears' jewelry store, in a back 
room. 

Which one had the conversation with you in the barber shop ? 
Hughes. 

When was that? It was about two or three days before Amanda 
Patterson's arrest. 

Was it before or after a number of persons had been arrested in 
Columbus on a charge of having murdered Ashburn ? I think it was. 
Three of them had been arrested— no, only two— Stevens and Barber, 
and the two colored people. 

Where and when did you have the conversation you mention with 
Bowers ? In a back room of this bar-room kept by one Tom Camp- 
bell. I think it was about the same day that Hughes had spoke to me 
in the barber's shop. I think one was in the forenoon and the other 
in the afternoon. 

Did either of the men ask you to try to get Amanda Patterson away ? 
Not directly, merely hinted if she would go away that money would 
be had, or plenty of money would be got provided she would consent. 

Did they or any other person ofier any induc(;ments to you to 
leave? No, 1 was about to leave anyway, about to come to Atlanta. 

Did you make any effort to get Amanda Patterso n to leave? No 
sir, but went to her one night when I was the worse off for liquor, 
and had a talk with her. I do not know what I said to her. 

Do you remember whether in the conversation you have spoken of, 
at the jail or anywhere else, Mr. Chipley said anything about Amanda 
Patterson? 1 believe there was some question asked me if she 
screnmed when the party came in, or made any noise. 1 believe 
there was some such question as that asked me. 



97 



Did Mr Chipley have uiiy conversation about the "Ku Kluxes" 
that time, or at any time, in the jail ? Well, something about it; 
that T^a not be afraid of the '' Ku Kluxes " if I did- (Witness 

hesitated.) . „ ., . 

Did what' If I helped them politically, or something of that 
sort, that there would be no danger for me from the " Ku Khixes"- 
that is how I understood it. 

Did Kirkscey have anything to say to you in this conversation 
about that interesting organization? 1 disrecoUect. I think not; 
perhaps some little talk about it, but it had become so notorious the 
talk of these -Ku Kluxes," that 1 didn't pay any attention much to it 

Did you receive anv money from either of these parties on trial 
No sir; I believe they were to pay fifty dollars for me, but I don t 
know whether they did or not. 

Were you in jail when they came to visit you ? Yes sir. 

Whogotyouout? I think it was them, but 1 can't say. The^e was 

paid. I didn't see it paid. 

Did they say anything to you about paying your fane when they 
were there ? I believe they did. 

You do not know who paid the fine? So, 1 don't know which of 
the two it was, or it it was any of them, but they said they would get 

it done. 

You were released soon afterwards ? Yes sir. 

Do you know a man by the name of Thomas Clark ? I know a man 
by the name of Joe Clark, a barber; that is all. 

Did you receive any money from him ? I received $3. *o, I think, it 
I am not mistaken, 

What was that for To pay for some affidavits. 

What affidavits ? Against one Justice of the Peace named Bos- 
tock. 

What was that for ? That he was not a citizen. 

What had that Justice been doing ? Nothing particular at that time. 

Hadn't he issued warrants tor somebody ? Yes sir, sometime pre- 

vious to that. 

Who had he issued the warrants against and had arrested, that you 
know of? I believe most of the prisoners here present. 

Then you were employed by him, were you, to get up a prosecution 
against this Justice of the Peace ? No sir, but for myself; it was he 
that had commenced the prosecution against me, and it was on my 
own account that I did that. 

I will ask you now to point out and call out the names of those per- 
sons among the accused here, whom you saw in Ashburn's house the 
night that he was killed? 

(The witness here named and pointed to James Barber, AV UUam 
Duke and Robert Hudson, the accused, who, at the request of the 
Judge Advocate, severally rose to their feet as their names were 
called). Witness then said : The other two I don't see here. 

Were these the three that tired ? These three fired, I think. 



98 

Are there any others here that fired that night ? Xo, I don't see 
any others. 

Did you see there that night any other of the prisoners that you see 
here present to-day ? No, I didn't see any other that I know of. 

If you had been acquainted with all the parties in the house, could 
you have recognized them? I don't know that I could have recog- 
nized more than other two that I had seen, but I didn't know them. 
I only seen about seven in all. 

Were you in a position to see every body in the house ? No sir. 

Were you particularly anxious to be seen yourself? No sir, I was 
not. 

Were you not really hiding from observation? I was. 

Were you not excited and alarmed ? I was. 

CROSS-EXAMINAl ION. 

Questwns by Mr. Sicphcns : 

Didn't you say, Mr. Bennett, that you were not certain whether 
Hudson was there, on your direct examination ? I ain't certain 
positively as to the man. I would not like to swear positively as to 
the man, the other three I am pretty certain of. 

Which three are you certain of? I believe it is James Barber, 
Duke and Bctts. 

You said you would not be certain positively as to Hudson, 
because he was masked; how can you be certain as to the other 
three, as they were masked? 1 seen them standing up. He was 
in a stooping position, and his coat was hanging over his face, and 
I could not see him so well ; I sav/ only one side of his head as he 
passed by the door. 

Who was stooping? Hudson. 

Where was he stooping ? In the edge of the door, rather on 
the side of the door. 

Do you mean the door where the shooting was ? Yes sir. 

How did you know the other three who were masked as well as 
the other persons ? By their personal appearance, and the light 
shone better on them. 

What do you mean by the personal appearance ? The shape ; 
I mean their bodily appearance. I could know anybody I was 
well acquainted with, with his back to me; or if they were at a 
distance I could recognize them by their personal appearance. 

Is that the only ground on which you made the statement that 
•you knew these three persons ? I can't explain why I know a 
man when I see him; I can't describe the optical difference 
between two men. 

You judge them just from the size and conformation of the body? 
And their walk and movement. 



99 

You were very much excited, were you ? Yes sir, I was con- 
siderably excited. 

You have already stated on oath that at the Coroner's inquest 
you stated that you knew none of these parties ? I did not say 
that I knew anybody. 

Wore you asked if you know any of these persons that came 
into the house ? I think 1 was, but I ain't certain. I dis- 
recollect what was said. 

If you were, what did you say ? I disrecoUect. I evaded the 
question as far as I could. 

Have you not stated on your direct examination here to-dav 
that you did swear that you did not know them on that occasion ? 
I think I stated that. 

You do now swear that yon did then swear, at the Coroner's 
inquest, that you did not know them ? 1 think I stated to them 
that I did not know any person. 

Didn't you state on the direct examination that at the Coroner's 
inquest you testified that you didn't know the parties? I did 
testify that way, I think. 

You assigned as a reason why you testified that way, personal 

fear or apprehension ? Yes sir. 

Was there not a military garrison in Columbus at the time ? 
Yes sir. 

Who was in command there? Captain Mills. 

What number of troops were garrisoned there? I don't know 
the number. 

Were there not quite enough to protect every person who would 
appeal to the commanding ofilcer for protection ? If I went to 
the barracks and staid there, I believe there was. 

When was it you stated you were imprisoned in Columbus ? I 
believe it was the second Monday in May. I don't know pre- 
cisely. 

How did Mr. Chipley and Dr. Kirkscey happen to visit you at 
the jail ? I don't know, sir. 

Were you sick? No sir. 

Didn't Dr. Kirkscey attend you there as a physician ? He did 
not attend me ; he was the County Physician. 

Is Dr. Kirkscey the County Physician ? He was the County 
Physician. 

Did he visit the sick in jail, those that were confined by the 
orders of the County Court ? I do not know. 

What were you in jail for? I believe it was a whisky bill, 
obtained partly by the Union League and partly by myself. 



100 

Was it for debt ? It was for a fine of fifty dollars that they 
put me in. 

What wad the fine imposed upon you for ? I do not know 
what it was imposed upon me for, more than that was the main 
cause of it. 

Was it not for getting whisky under false pretences ? I do not 
know. That was what was said to be the cause ; but I do not know 
that you can drink by the glass and get it on false pretences, going 
backwards and forwards. 

Was not the charge on which you were convicted, for getting 
whisky under false pretenses ? I do not know what the charge 
was. I never read it. 

Was not the charge brought by a member of the Loyal League ? 
I believe it was. 

Who was it that prosecuted you? I believe it was an old Jew 
called Coleman. 

Did you then appeal to members of the Democratic party for 
assistance ? No sir, I had no means of communicating with them 
unless they came to the jail to me. 

Didn't you send word through George Martin, the Sheriff, to the 
leading members of the Democratic party ? I did not; if he sent 
any word it was on his own responsibility, not mine. 

Did you not send word to them by John Cleghorn, the jailer? 
I do not know if I knew any one of them, or had spoken to them. 

Have you not sworn that you knew Mr. Barber at night, and 
under a mask ? I did. 

Was he not one of the leading members of the Democratic party ? 
I do not know. 

Didn't you know that he was a candidate for the Clerkship of 
the County ? Yes sir, I knew that he was a candidate, but knew 
nothing about the Democratic party. 

You knew he was running on the party opposed to the one to 
which you belong? I knew he was running on thepartj opposed 
to the one to which I belong. 

To which party do you belong ? Kepublican. 

What name does the party opposed to theKepublicans in Colum- 
bus, take? Democracy, 

AVell, then, you now swear that you did know that Mr. Barber 
was the candidate of the Democratic party for Clerk of the Court? 
T did, he was that. 

Didn't you know that Mr. Chipley was Chairman of the Execu- 
tive Committee of the Democratic party ? I did not know. I paid 
no attention to the Democratic party whatever, I had no knowl- 



101 

edge of it. ; no knowledge as to who was the (Jliairnian, nothing 
of its organization — might have seen it stated, but didn't pa}' an_y 
attention to it. • 

Did you not tell Mr. Cleghorn the jaik'i-, that you would deliver 
to Mr. Chipley, Chairman of the Executive Committee of the 
J)3mocratic Club, certain letters and other political papers, if he, 
CJhipley, would get you out of jail ? I told Mr. Chipley that he 
demanded that of me. He demanded no political papers of me for 
that. 1 was to send them to him by Cleghorn as security, if I would 
work with that political party to a certain extent. 

Did you agree with Mr. Chipley to turn over these papers to 
him and work with the Democratic party, if he would get you out 
of jail? No sir, I did not agree to work with the Democratic 
jiarty. I was to work with the Eepublican party, and to tell him 
what white members belong to the Union League. 

You were to be in the League, and communicate to Chipley 
what white members belong there ? Yes, the white members be- 
longing to the Union League. 

Was not that the consideration ^)n which you were taken out of 
jail ? That was part of it, I think. 

Was nt)t the other part that you were to furnish them a list of 
the Loyal League and a letter from Foster Blodgett? I believe, 
he aski'd something of that kind ; that I had a letter of Foster 
Blodgett. 1 think, that was his demand, but I do not think he 
ever got it. 

Wi»s not that the consideration, the other part of it ; did'nt you 
tell him, you luid such a letter from Foster Blodgett, and that you 
would furnish him that besides giving a list of the Loyal League, if 
he would get you out of jail? I think he made that demand, but 
I didn't comply with it. 

You speak of a demand, — I speak of the agreement between you? 
I do not think there was an}' 'igroeniint, but it was voluntary upon 
both parties ; there Avas no specified agreement whetever. 

You were in jail under a fine of fifty dollars and the costs, and 
you proposed that if he would pay this fir»e and get you out of jail, 
you would give them a list of the Loyal League, and furnish him 
the names of all the white men in the Loyal League, and also a 
letter from Foster Blodgett — you said you would do that, and he 
the other — voluntary on both sides ? No. The proposition came 
from them, not from me ; that was the proposition. 

Did you agree to that proposition ? In part, 1 did. 

In which part did you not agree? In furnishing the list of the 
Union League. 



102 

You didn't furnish the list of the Union League? I did not. 

Was the other part of the proposition carried out? So far a? 
the sending over of some four letters, in my possession one year. 

Were you released from jail and the fine paid, and you turned 
over some of the letters? I did. I gave an order to the jailer 
to go and find what letters were in the trunk. One of the letters 
there was Mr. Ashburn's, and one from Costin. 

Did you toll Mr. Chipley that the letter from Foster Blodgett 
was political, and would do the Democratic party good to have it? 
I did not. The idea was this — that I was to writ-.' to Foster 
Blodgett, and aid Foster Blodgett in getting a city election instead 
of an appointment — that was the object of it. 

Didn't you deliver to Mr. Chipley •! letter from Foster Blod- 
gett? I do not know what was in the trunk. All the letters 
there, I think, I gave him. One from Bryant, the foot of it a 
little torn — the signature torn. 

Didn't you know that the Foster Blodgi>tt letter was delivered 
by Mrs. McCarther to Mr. Chipley? I do not know such a jkm-- 
son in Muscogee County. 

Who was it you gave the order to to deliver the h'tleis ? It 
was to one Mrs. McClary. 

Didn't Mrs. McClary deliver it — don't you know that Mrs. 
McClary delivered it? I do not know, b.^cause I have nt»t seen 
the woman since. 

Have you ever seen the letter since ? No sir. 

Was it in your trunk ? T think so. 

Have you examined the trunk since? No sir. 

Never examined it since ? iSo sir. 

You gave the order to Mrs. McClary to deliver it? I gave the 
order to deliver what letters she could find in the trunk, I think 
was the wording of it. 

Who is Mr. Costin, that the other letter was frcun or to? Mr. 
Costin — 1 believe he is a colored man — a member of the present 
Legislature of Georgia, and tin* letter, I believe, I got from Mr. 
Ashburn the night he was killed. 

Mr. Costin, then, was a man of political influence with his party 
- — or supposed to be .'jo ? In Talbotton I suppose he was : he did 
not belong to Columbus or Muscogee Count^^ 

Didn't you represent to Mr. Chipley that the possession of 
these and other letters would be valuable to him or the Demo- 
cratic party, politically? I did not. He demanded this as se- 
curity that I would aid him in obtaining a city election. The 
letter was given as security. 



108 

Did yon promise then to aid liim in the city election ? I 
helieve 1 promised to aid in obtaining a city election instead of 
an appointment. There was talk that there was to be a military 
appointment, and I was to use my influence in getting an election 
instead of an appointment. 

If that was the object, how did Mr. Chipley know tliat you had 
those letters in your possession ? 

A member of the court ol)jected to this testimony as being irrel- 
evant. 

Counsel for defence stated : The object of the testimony is to 
show that the money that Chipley furnished witness in getting 
him discharged from jail, was in no way connected with the Ash- 
burn assassination, but was in consideration of certain services 
that witness was to render the Democratic party. It is to fully 
and ch'arly a(;count for this entire transaction, disconnecting it 
entirely from the object which the prosecution intended to estab- 
lish by its introduction. 

Court sustained the objection to the questions, being of opinion 
that the cross examination of the witness on the stand had ex- 
tended to irrelevant matter. 

What business were you engaged in at the time of the decease 
of Ashburn ? I was keeping a bar room. 

Whose bii" ro!)m ? It was partly owned by myself and partly 
by a ftillow nami'd Turner ; a man named Turner. 

You said that man Turner, or that fellow Turner — who is 
Turner? Matthew Turner. 

How far was your place of business from the house where Ash- 
}>urn was killed ? It was about a mile, nearly. 

Did you or not go to the house where Ashburn was killed on 
the night of the killing, in company with Mr. Woodfield, to get 
money that you claimed that Ashburn owed you ? I went in 
company with Mr, Woodtield early in the evening, about money 
that he owed Mr. Woodfleld. I was to get mine the next day. 

Did Mr. Ashburn owe you, and how much? He owed me 
considerable, 1 could not say exactly how much. He owed me a 
little over sixty-seven dollars at one time, and several other bills 
that I looked over. 

Did Mr. Ashburn settle with you that night? He did not ; he 
was to settle with me the next day. 

Did you and he come to an agreement as to how much he owed 
you tliat night? We did not ; we did not come to any solution 
that night. Mr. Woodfield's was talked about, and only his, as he 
was iroinir out to a meetimr that ni2:ht. 



KM 

Did you not say tho next morning after the killing, on Broad 
street, in Columbus, to Mr. Morton, that you went down with 
Woodfield to get your mone}^, and that Ashburn gave you an 
order on Dr. Tuggle for it? Who is Mr. Morton ? I don't know 
the man. I don't think I ever spoke to him. I spoke to Mr. 
Wilkins the next morning. I don't know any man named Morton. 

Did you tell anybody in Columbus that if Ashburn had not 
settled with you that night you would kill him ? 1 did not. 

Were your relations with Ashburn I'riendly or unlricndly ? 
They were not unfi'iendly at that time, they were friendly; wo 
had explained the matter, it was a ditference on election matters. 

Do you know Mr. John Duncan, of Columbus? I know him 
by sight. 

Do you know liis father ? 1 have tht- same acquaintance that 
I do with John. 

Did you ever say anything to either of tliem, or both of them 
together, about the killing of Ashbuiii? 1 did. 

What did you say? Do you want me to stat<' the whole con- 
versation that occurred between us? 

Didn't you state to him tlu\t if that damned old Ashhurn bad 
not been killed when he was, you would have killed him ? No sir. 

You say you did not state to either of them, or both of them, 
these words ? No sir. 

What time did you reach the house in which JNlr. Ashburn 
lived, and in which he was killed ? I think it was between seven 
and eight, or six and seven ; 1 don't exactly know what time he 
came there. I had seen him in the afternoon previously to that — 
me and W^oodfield both — and then we were to meet him at night. 
I came there f>r that purpose. 

AVas Mr. Ashburn there when you got there? Yes sir. 

Did Mr. Ashburn remain there? No sir, lie went to the 
meeting at the Temperance Hall. 

Was that a political meeting ? It was. 

What time did he come frorti that meeting ? I don't know ; I 
was at Mr. Woodfield's house when he came home. He came 
home before me. 

What time did you go back to Hannah Flournoy's? I think it 
was eleven o'clock, or after eleven ; it was somewhere after eleven. 

Did you usually sleep in that house? I had been in the habit 
of sleeping there since Mr. Ashburn came back from Atlanta ; 
sometimes I would sleep at the shop, but very little. 

Had you slept there the night before ? I disrecollect whether I 
had or not ; rather think 1 did. 



105 

You state that you usually slept there — that is your statement? 
Since Mr. Ashburn came back from Atlanta. 

Did Mr. Woodfield return to that house that night with you ? 
He didn't return after he went to his house. 

Didn't you state to Mr. Morton next day after this occurrence, 
that Woodfield returned with you to that house, and that the fir- 
ing commenced, or the part}' came, within fifteen minutes after he 
left? I did not. I did not speak to Mr. Morton the next day. Mr. 
Morton was not in the habit of speaking to me under any cir- 
cumstances. 

Did Ashburn fire his pistol that night in his room? I think 
not. I wouldn't be certain, but I think not. 

Didn't you tell Mr. Murphy and others that Ashburn fired one 
shot, and you thought two, but was positive that he fired one shot 
that night ? Mr. Murphy was looking at the pistol, and seeing it 
was not fired, seeing there was not a chamber empty, there was no 
necessity for my saying that. 

You state that you did not make that statement to Mr. Murphy ? 
I made no statement to Mr. Murphy at all. It was to Mr. Mayor 
that I made any statement that was made. 

What time were you arrested ? The first day of last month — 
June. 

Where were you taken ? To Fort Pulaski. . 

Where were you put there? In a cell. 

What were you arrested for ? I don't know. 

Were 3'ou ever told what you were arrested for ? No. 

How were you treated there ? Received the same fare as soldiers 
generally receive — soldiers' rations — only closely confined ; that was 
the only trouble that was to it. 

Were you confined in a cell ? I was. 

What was the size of the cell ? I should suppose it was about 
seven or eight feet long by four or five feet wide. 

Who visited you there? An oflScer named Reed, I believe. 

Was he a government detective? I think he was, but do not 
know. 

Did he ask you to make disclosures about Ashburn's assassina- 
tion ? He askexi me why I should have gone to this girl while I 
was full of whisky, and this aft'air about Mr. Woodfield is the 
only thing I am aware of. 

Had you ever before stated to anybody abdut your knowledge of 
these three persons accused? I had. 

Whom had you stated it to ? To Captain Mills, and, I believe, 



106 

Was that before you wore arrested? 1 think that was one day 
after the occurrence that I told Captain Mills ^ it was biit a short 
time. It was three or four days after the occurrence that I told 
Major Smyth, I wouldn't be certain. ' 

Did Mr; Reed ask you about the same? No sir, it was about 
the conversation at the jail and about going to see Amanda Pat- 
■terson. 

When did you first see Mr. Whiteiy ? At Capt. Mills' oflSce, 
the morning! was arrested. • '' . 

Did he go to Savannah with you ? No sir. 
• Did you see him in Savannah \^hil'j.yOu were under arrest at 
Fort Pulaski ? I did not see him while I reiriained a prisoner at 
Fort Pulaski, but after I came away. 

Where did you see him after you caime away ? At Atlanta. 

You did not see him from the time of your arrest till you came 
to Atlanta ? I thihk not. 

Where were you put when you were brought here ? I was pwt 
tn a room where there was some other witnesses. 

Where were you then placed after that ? In a cell in the guard 
house. 

Been kept in a cell ever since ? No. 

How long were you kept in a cell ? I disrecollect how long. 

Were there any statements made to you, that by making disclo- 
sures you would be removed from the cell? No sir, no offers of 
any kind were ever made to me. 

Can you account for your being arrested and put in a cell, and 
kept in a cell for so long a time as you were — any reason assigned 
you for it ? I understood it was attempting to leave Columbus, or 
to go away with this girl. I do not know exactly. 

Had Mr. Whiteiy ever had any conversation with you abou^ 
your testimony ? I disrecollect, we have spoken many times on 
various subjects ; I do not think there was any specified con^^ersa- 
tion upon that subject. 

■ Were you confined with any of the other prisoners, or were you 
together at any time ? George Betts was the only one, and Mar- 
shall, and a boy named Stephens. 

Were you confined for a part of the time in close confinement 
with Betts alone ? I was. 

What did Mr. Whiteiy tell you, the third day of your close con- 
finement with Betts, would be the result if you did not disclose? 
I believe he said, that I should stay there till I rotted, or some- 
thing to that effect. I believe that was the amount of it. 



107 

tbere? It was not niude in the cell I was in ; I merely got a 
siffht of it ; did not, read it at all. 

You do not know the substance of it ? I do not. I know a few 
of the names. I know nothing of the substance. 

Was Betts with you last night? Yes sir ; he was in the room 

all night. , 

Sent to your room ? I think so. 

RE-EXAMINED. 

Questions hij the Prosecution : . , t, .. 

Do you know why you were confined in the cell with Betts 
alone-? " I do not exactly know why. I have an idea, hut do not 
exactly know the real cause of it. I believe Mr. Whitely asked 
me if I would go in the cell, and I said I would, when I was taken 
there. I believed strongly that he was one of the parties that did 
the shooting of Ashburn. 

Did you go in at the suggestion of Mr. Whitely, or by his di- 
rection? I volunteered to go. • 

For what purpose did you volunteer ? I believe it was to see 
if I could induce him to go over to the State's evidence. 
Questions by the Court : 

What did you state to the Duncan^s? Well sir, Mr. John 
Duncan, some time previous,-! think it was three days previous- 
strono-ly induced me to turn a democrat ; saying that something 
was going to happen. He strongly advised me to quit Ashburn, 
and stop with him altogether. I said, I'd see about it at that par- 
ticular time, and the morning after Mr. Ashburn's death, I went 
there thinking he was one of the party. I said after taking a drink, 
or two, I said, I wonder why I escaped that night, and he said be- 
cause you had turned a Democrat. He then said nobody would be 
hurt for killing old Ashburn in a whorehouse, anywhere else ex- 
cept in the United States. I don't recollect what I said in answer 
to various inquiries made. 

What kind of arms were used by the accused named? Ke- 

volvers. 

Were you released from jail and your fine paid in consideration 
that you would not say what you know about the death of Ash- 
burn ? No sir, there was no such thing as that. 

Court adjovirned. 



JULY 3, 1868, 
AMANDA PATTERSON, a witness for the prosecution, being duly 

sworn, testified as follows : 
Questkms by the Judge Advocate: 

What is yoiir name ? Patterson. 

Your full name ? Amanda Patterson. 
• Your age ? Going on eighteen. 

Where do you reside ? Columbus. 

What State ? Georgia. 

How long have you resided there ? About six years. 

Were you acquainted with George W. Ashburn in his life-time ? 
About two weeks was as long as I was ncquainted with him. 

Were you living in the same house with him at the time of his 
death ? Yes sir. 

Had you known him previous to his going to that Louse to live? 
Yes sir. 

How many rooms are there in that house ? Five rooms. 

Did you occupy either of these rooms ? Occupied one of them. 

Will you state which one of them; that is, whether first, second, 

third, or fourth, from the front ? Second from the front. 

Which room did Mr. Ashburn occupy ? Third room . 

_ Were you in your room the night that Ashburn was killed ? Yes 
sir. 

Now state to the Court in your own way, what happened that 
night in relation to his death ? There came a crowd of men to the 
door, knocked and asked for the door to be opened. Hannah says, 
" I shan't open the door this time o' night for no body." She asked 
them who was there ; they said ' ' Mary Tillinghurst. " Hannah asked 
'em who they wanted to see; they said they wanted to see "Mandy." 
She told them they couldn't see "Mandy." Then they asked for 
her. She wanted to know what they wanted with her. They said for 
her to come to the door a minute ; she told them she shouldn't do 
it. They told her if she would not open the door, they would burst 
it open . She told them they might burst it if they wanted to; so they 
bursted it open and come in. 

Well, what did they do when they come in ? When they asked 
Hannah who was in there, she said nobody but me and her. Then 
they went to Mr. Ashburn's door and told him to open it. He asked 
what was wanting, and they told him to open the door. Then he 
opened the door and they commenced firing. 

Was there any light in the front room when these persons broke 
in ? No sir, there wasn't no light in either one of the rooms. 

Was there a light in that room— the front room— at all that night 
after they broke in ? No sir, no light at all -only what they brought 
in. They lighted a light in the room after they came in. 



109 

Did you see the persons who lirecl on Ashburn ? No siv, I didn't 
see them. I went into the front room. 

Did 3'ou see Bennett there that night ? Yes sir, I saw Mr. 
Bennett. 

Were there any females in the house that night, if so, state who 
they were ? None biit me and Hannah Flournoy. 

How many persons seemed to come into the house at that time? 
Well, I could not tell how many there was in the front room — there 
was a good man}'. There was not so many came into the middle 
room though — I don't know exactly how many did come into the 
middle room. 

Which room were you in when these parties broke into the front 
room ? In the second room. 

Was there any person in there with you at the time? No sir, no 
one but Hannah Flournoy. 

Did you see any persons that nighl in your room besides the usual 
occupants of the house ? Yes sir, I did. 

State who you saw ? I saw Chiplej', Dr. Kirkscey and Bob Hud- 
son, Coluaibus Bedell, Jim Barber and George Belts and Bill Duke. 

Do you see any of the parties you have named, now in this room, 
if so, point them out ? Yes, I do. (Witness here pointed out the 
parties mentioned among the accused. ) 

Were these parties disguised in any way ? Yes sir, they had on 
masked faces. 

Did you see any one or more of them that night without masks ? 
I didn't see but one. 

Who was that ? I do not know, sir — a stranger to me. 

Did any of these that were masked lose their masks that night ? 
Yes sir, Oolumbus Bedell lost his. 

Where did he lose his mask ? It dropped off his face when he 
went out of the front door. 

Did any conversation take place between you and him at that time, 
if so, state what it v\'as ? None at all, only, as he went out the door, 
he told me if I told on him, he would kdl me. 

Did this take place in the day time or at night ? Night. 

Do you know what day of the month or week? I don't know, sir; 
it was Mondi^y night. 

What time in the night ? It was between twelve and one o'clock. 

Had you had any conversation with any of these parties previously 
in regard to the killing of Ashburn ? I had a conversation with 
Chipley. Dr. Kirkscey and Jim Barber. 

Where did that conversation take place ? Up over Spear's. 

State how you came to be there? I went to see the Djctor. 

What Doctor ? Moses . 



110 

Were they in the Doctor's office ? No sir, they wasn't. 

Where were they ? They w:is in another room. 

State the conversation you had with them ? Well, I went up there ; 
thej' was in a room, and wheu I come out, Barber says " Maudy;" 
I says " What do you want," and he says, " Come here." I just- 
walked to the door —never went inside, and him and Chipley says, 
" We are going to kill old Ashburn the night of the day he speaks." 
I told them not to do it while I lived there. 

When did the conversation take place ; how long before Ashburn's 
death ? On the Tuesday evening before the Monday night they 
killed him. 

Was that all the conversation that took place between you and 
them at that time ? No sir, I told them not to come while I lived 
there, and I told them that they did not know how to get in. They 
said they knowed as well how the house was fixed as I did; and they 
said if I told what they said they would kill me. 

Did you hear either of these parties at any other time before Ash- 
burn's death, say anything about killing him ? I heard Columbus 
Bedell and Jim l)ai"ber. 

When and where was that? It was on the street, on the Wed- 
nesday, I believe, before the killing Monday. 

On what street v/as it V Broad street. 

In what place ? Down close to the New Bank, Columbus. 

What did you hear said by either of these parties at the time ? 
As I was passing by, I heard Jim Barber say to Columbus Bedell, 
says he, "We are going to kill old Ashburn." 

Had you any personal acquaintance with Columbus Bedell at that 
time? No sir, I had talked to him some few times— not often. 

Have you seen him to talk to hiai since the killing of Ashburn ? 
Yes sir. 

When and wh6re ? He came up to my house about ^a week before 
I came from home. 

What did he say to you then and there? He never said much of 
an)' thing; onl}' he said he wanted me to come to his room with him. 

Did he ever visit you before ? No sir, never was in my house 
before in his life. 

Hong long did he stay that time? He didn't stay more than 
half an hour. 

Any person present when he was there ? Yes sir. 

Who were they? Agnes Kyles, Georgie Alston and Almeda 
Eidley. 

Did you go with him as requested ? No sir, I did not. 

Did he give any reason why he wished you to go with him ? No 
sir. 



Ill 

Did you make him any promise ? No sir, I diclu't make him no 
promise. 

Did he tell you where his room was ? Yes sir, he told me where 
it was. 

Did he tell you to come some other time if you could not go then ; 
or any thing of that kind? Yes sir; I was sick at that time and he 
asked me when I got well if I would come. 

Have you had any conversation with any person since tlif death 
of Ashburn, about leaving Columbus ? No, none except with Mr. 
Bennett. Mr. Bennett came to my house and M^auted me to go 
away . 

Well, what 'did he say to you about going away ? He asked me 
if I di.lu't want to go away ; I told hiai no. I asked him why he 
wanted me to go av\My ; he said that the Ku Kluxes would kill us. 
He said if the Yankees cirried us off and put us in prison, we would 
die. He stiid he didn't want to swear anything ag -inst the men. I 
told him I would not go at all. He said Mr. Bowers and Columbus 
Bedell was to furnish the money to go away, if we vrouid go and not 
swear any thing against them. 

Why did you not go with Bedell as he requested? Because I 
didn't want to go, I was afraid he wanted to get me dow'n there and 
kill me. 

What would he want to kill you for ? Afraid I would tell some- 
thing on him. 

CROSS-EXAMINED. 

Questions by Mr. Slephens : 

Were you examined at the Coroner's inquest? Yes sir. 

In that examination, did you not testify that you did not know any 
of these parties ? Yes sir, I did; I would not tell 'em I knowed 'em. 

Do you know Mr. McCaulis, that lives near your house ? Yes 
sir, I know him. 

Did you see him that night, after the death of Ashburn? Yes 
sir, I seed him. 

Did he come into your house ? No, I saw him standing out by 
his gate. 

Any conversation between him and you as to the persons in the 
party, immediately after the death of iVEr. Ashburn ? No, I had never 
no conversation with him ; I never spoke to him. 

Did not 5'ou speak to Mr. McCaulis that night after Mr. Ashburn's 
death ? No sir, I never spoke to the man. 

Did not he ask you if you knew any of them ? No, I never spoke 
to him. 

Didn't you tell him that you did not know any of them? No, 
never spoke to him at all that night. 



112 

Did you see the son of Mr. Ashburn there that night after his 
father was killed ? Yes sir. 

Did he ask you if you knew any of the parties that killed him ? 
No, his son never asked me if I knew any of them at all. 

Vv'ere ycu in the room with his son where the body was lying ? 
Yes sir, I was in there. 

Didn't he ask you if you knew any of them there in the room ? 
He never asked me if I know'd 'em. 

Who were present at the time you say Dr. Kirkscey, Chipley and 
Barber told you that they were going to kill Ashburn? I don't 
know; there was some more men in the room I didn't know — there 
was no one with me at all. 

What time was it that you had this cunversation with Mr. Chipley 
and Barber and Kirkscey ? It was in the evenmg on Tuesday, be- 
fore they killed him, Monday night. 

Was that the time you say you went to Dr. Moses' office ? Yes 
sir. 

Was it ai Dr. Moses' office? No ; ir, it was not. 

Wliere was it , then ? It was m another room in the same building. 

Where was that building ? W^here was the building ? up over 
Spear's. 

Do you mean Speai's jeweler's store? Yes, I mean Spear's jew- 
eler's store. 

When were you first arrested ? I don't know what day it was now . 

As nmch as three weeks ago ? Three weekt, ? it will be six or 
seven weeks to-morrow, since I left home. 

Who arrtsted you? Captain Mills sent up and had me arrested. 
I never asked him any thing about it, or who had it done. 

Where were you first taken to ? Me ? I was taken down to Fort 
Pulaski, 

How were j^ou treated there? Oh, I was treated mighty well. 

Where were you put? I was put in a room. 

By yourself? Yes, by myself. 

What was the size of the room? A tolerable large room. 

Any person visit you there ? Yes, Captain Cook visited me. 

Did he converse v,'ith you about this afi'air of Ashburn's assassina- 
tion? No, I never said anything to him about it. 

Who first mentioned the subject to you, of the assassination of 
Ashburn, after your arrest? Mr, W^hitely. 

Did he tell you that that was what you were arrested for, — to get 
evidence on that subject? Yes sir. 

What did he state to you about your evidence ? He asked m<^ 
whnt I knew about it. 

Did he tell you that you would be confined until you made a dis- 
closure ? No . 



113 

Did lie toll you, .yon would be ccnitmed— not released -until you 
made a disclosure? Yes, he- told me I w^ould be imprisoned until I 
told about it. 

Did he tell you what could be proven by other parties ? No. 

Did he tell you that he knew that Kirkscey, and Bedell, and Chip- 
ley, and Duke were there ? No, he never said anything about it ; 
he never told me that he knew they were there. 

Did he ever mention the names of these gentlemen to you? He 
never mentioned their names until I told him they were there. 

How long was it before you told ' him they were there ; how long 

after j^our arrest? Not long. 

Did you ever see Mr. Whitely, until you came to Atlanta ? Yes 
sir. 

Where did you first see him ? I saw him down at Fort Pulaski, 

How long have you been in Atlanta; how long since you come 
up ? Been here lour weeks. 

How much a day did he tell you he would give you ? Never told 
me he would give me any thing. 

Did you not tell the guard that Mr. Whitely told you he would 
give you a cert lin amount of money; and if so, what amount ? No, 
1 did not . 

What time of day was it v.hen you heard Bedell antl Barber speak 
of killing Ashburn ? In the evening, between two and three o'clock . 

Who were present when Bedell and Barber spoke to you on the 
street ? There wasn't no one at all. They didn't sj^eak to me. I 
just heard them speaking wlien I was passing by. 

Were any persons present with them ? No, they were by them- 
selves. 

What part of the street was it, and what street was it ? Broad 
street. 

What part '■' Not very lar from the New Bank. 

Where is the New Bank ? On Broad street. 

What part of the city is it in ? About middle ways in the city. 

How far from the Perrj' House is it ? It is no where near the 
Perry House. 

How far from the postofl&ce is it? Postoffice? it is no where 
near it. 

How far from the City Hall is it? I don't know where the City 
Hall is. 

How tar from Spear's jeweler's store ? A good piece below. 

Which side of the street is it on ? On the left hand side as you 
go down. 

RE-EXAMINED. 

Qiiesfions hy the. Judge Adrocaie: 

In your cross examination 3^00 stated that you would not tell the 



114 

Coroner's Jury what you know about tho persons who killed Ash- 
burn, or words to that eifect; now tell me why you would not tell 
before the Coroner's Jury all that you knew about that matter? 
Because 1 was afraid of my life; that's the reason I didn't tell it. 

Why were you afraid of your life ? Because I was; I was afraid 
they would kill me. 

Why were you afraid they would kill j-ou ? Because I knew 
they would have killed me if I had told anj^thing on them. 

State whether or not you had been warned by any one not to tell? 
I was warned by Chipley and Barber before" it occurred that if I 
told anything on them they would kill me. 

But I mean by any officer ? No, by no officer. 

Did anybod}' else warn you before the coroner's inquest met not 
to tell what you knew about it ? Yes; My. Bennett told me nott(v 
tell anything- there about it. 

What did Mr. Bennett say to you ? He told me not to tell any 
thing there that I knew about it. He said he was not going to tell 
any thing he knew, and if we did tell the}' would kill us all. 

Did the conversation you had with Chipley aiid Barber and 
Kirkscey over Spear's store take place in the room or in the hall, 
or Avhere? They was in the room. 

Where were you ? Standing in the hall, right by the sideof tin- 
door. 

Whereabouts were they standing ? in the door. 

Were the other persons whom you then saw in the i-oom, near 
to those wath whom you w^ere conversing, or not ? No, thej'^ were 
standing about middle ways on the floor. 

Did they speak in a loud voice? Not very loud, 

Did tbey speak to you loud enough to be heard l)y the other i)er- 
sons in the room ? Yes sir, they did. 

RE-CROSSi-EXAMINED. 

C^uestions hy ihe Defence : 

Had you left Dr. Moses' office before this thing took place ? Yes 
sir; he was not there. 

How far was his office door from the door where these gentlemen 
were ? Not far. 

On the same floor ? Yes sir. 

How far from the door, six feet, or ten, or w^hat ? The Doctor's 
office was on one side of the hall, and they was on the other. 

Is his office door right opposite ? No, not opposite. 

What distance do you think it is from one door to the other ? I 
don't know ; I never took no notice. 

Is it eight or ten feet? I don't know how far it was. 



115 

Which is nearest to the entrance of the hall, the door of Doctor 
Moses' oflSce, or the one these gentlemen were standing in? The 
door these men was in. 

Was Doctor Moses' office door open? No sir. 

Any other office door open ? No, no doors were open at all, 
only the door them men were in. 

WADE H. STEPHENS, a Avitness for the prosecution, being duly 
sworn, testified as follows : 

Questions hy ihe. Judge Advocate : 

State your name, age and occupation? Wade II. Stephens; 
twenty-one years of age ; occupation, harness maker. 

Where do you reside? Columbus, sir. 

There are about forty Columbuses in the United States, in which 
do you reside? Columbus, Georgia, sir; Muscogee county. 

How long have you residt-d there ? About eight years. 

Are you acquainted with Doctor Kirkscey ? Yes sir. 

How long have you known him? Seven or eight months, prob- 
ably more. 

Is he here? Yes sir. 

Which is he? There he is, over there, sir, next to, Mr. Roper, 
(pointing to one of the accused). 

State whether you had any cf)nversation with liim with regard to 
the killing of George W- Ashhurn ? I had a conversation with 
him, sir, before the killing of Mr. Ashhurn about three weeks. 

State that conversation if it related to the killing of Ashhurn ? 
I met him on the street, sir, a few blocks below the court house. 
He stopped me and called me to his buggy, (he was in his buggy at 
the time,) asked me could I keep a secret ; I told him of course I 
could. He told me there was a party got up in that place, to go to 
a certain place at a certain time, and there put an end to old Ash- 
hurn, and if I would join the party he would give me fifty dollars. 
I refused his money and went away. He called me back to him, 
and said if I would not go with the party, not to expose what he 
said to me. Nothing further occurred at that time, I spoke a few 
words afterwards to him when we were prisoners in the court 
house. 

What was your conversation in the court house, if it related to 
the killing of Ashhurn ? Well, sir, the party refused to give bond 
for me. Captain Mills, I believe, told me he was required to take 
bond from each one of them to the amount of twenty-five hundred 
dollars, and they refused to give bond for me. I think Mr. Moses 
was the man who refused. He said the reason was he didn't know 
me. I made myself known to him, and he knew me very well after 



no 

I told him wlio I was. I stfvpped to thn window and told a negro 
boy to go to my mother and aunt, and to bring them and the titles 
of the property. Shortly after they came up. I gave them seat?, 
and walked up to my mother and looked at some papers, and 
handed them back to her, and stepped off some three or four paces. 
Kirkscey walked up tome and said, ''That's all right now; we 
didn't know you ; we didn't know but what you was guilty, and if 
you was, you would have got money to go away upoii." 

Didn't he know you at that time? He did, very well, sir. He 
was the first man that spoke to me when I got into the court house. 
I was arrested, I believe, on Tuesday, though all the rest were 
arrested on Monday. No one was arrested that day but m3^self. 
When I stepped into tlie court room he called me hy name. I sup- 
posed he knew me by his calling me. He was the first man that 
spoke to me. I knew him. He spoke to me a great many times 
before that. 

Do you remember the month and the day of the month that y<>u 
went to prison ? Not exactly. 

About what time was it ? I do not remember, sir, what time it 
was, because I knew I was innocent, and didn't care about it. I 
was not dreaming of bein arrested, and brought to this place, or 
any other, on the Ashburn affair. 

Do you remember how long after Ashburn was kilhul, before 
you were arrested and taken to the court house? I cannot say the 
length of time, but it was a few weeks before the election. That's 
all I could say about that, sir. 

CROSS-EXAMINED. 

(^uesti(j)is hi/ Mr. Sfepheiis : 

When wfre 3-ou first arrested? When? it nnist liave been a 
good while ago, sir ; 1 don't remember what time it was. As I 
said before, 1 didn't pay any attention to anything concerning the 
arrest during the time I was confined in the court house. What 1 
heard there, I, of course, knew very well — recollect it, and do, until 
to-day ; but the day of my arrest I could not remember, sir. I 
remember when I was arrested and carried to Fort Pulaski. 

Were you discharged on your first arrest ? On my bond, sir, I 
was released. 

Did you state that that was shortly previous to the election ? 
Some time before the election, sir, and after the death of Mr. 
Ashburn that 1 was in the Court House. 

How long before the election? I don't remember, sir; as I 
have explained before, I do not remember the time. I think it 



117 

was a few weeks, probably more. I don't remember the date or 
anything about it. 

When were you arrested a second time ? The 14th of May, 
sir, I believe, when I was carried to Fort Pulaski. 

Who were arrested with you at that time ? Mr. Barber, sir ; 
I found him in the Court House when I went there, or rather he 
was in a room off separate from the ceils. I do not know whether 
it was in the guard room or not. Was called about twelve o'clock 
to go to the depot and get on the train. He came out also, and 
two negroes. 

What were the names of the colored people ? John Wells and 
John Stapler, sir; they pass by these names. I could not swear 
to their names. 

Where were you put in Fort Pulaski ? In a cell, sir. 

What was the size of the cell ? About four by six, and about 
fifteen feet deep. 

In close confinement ? Yes sir. 

Who visited you there? Captain Reed, Major Whitely and 
Captain Cook, sir. 

When were you informed of what you were arrested for? I 

was not told, sir. I was asked if I knew anything about the 

Ashburn aflTair, 

When were you asked that ? Shortly after I got to Fort 
Pulaski. 

What did you say in reply to that question ? Told 'em I 

knov/od nothing, sir. 

Did anybody adopt any course of punishment to compel you to 
answer? No sir. 

What did they do — what treatment did they subject you to ? I 
was confined in a cell; received government rations, and fared as 
well as a prisoner could fare — as they generally do fare. 

Were you told that you would be kept in close confinement 
until you did ? No sir. 

How long did you remain there before making any disclosure? 
Never made any at all, sir, there. 

Where did you make a disclosure ? At McPherson Barracks. 

You made no disclosure at Fi)rt Pulaski of what you have here 
to-day? No sir, none at all. I may have spoke some few words 
in regard to what I have here. I may have spoke some few 
words to some of them about it. I won't be certain that I never 
mentioned anything at all about it while there, but I made no 
confession then. 

Were you removed from the first cell you were put in? 
Yes sir. 



118 

Where Were you put then ? Into another cell opposite. It was 
the left cell I was in, on the opposite side ; the side facing the 
side I was first in. 

What was the object ? I don't know, sir. 

Was there any change in your personal condition ? ' No sir. 

Cell of same character and size ? Yes sir. I think the reason 
I was changed was they wanted to put one of those freedmen in 
the cell I was in, but I won't be positive. 

Were you put at any time in a close box ? No sir. 

No restraint at all put over your person — your limbs ? No sir. 

Did you receive any letter from any person ? Yes sir, I received 
"two ; my mother's name was signed to them ; don't know whether 
she sent thera or not. 

Who delivered them to you ? I will not be positive, sir— it was 
either M:iior Whitely or Captain Eeed. 

Did you get a letter from any one, telling you that Kirkscey, Bedell, 
and the others had confessed ? No sir. 

Or that they intended to convict you ? No sir. 

Did you get a letter from anybody telling you that their money 
would save them, and you had better save yourself? No sir. I have 
received no letters from any one except my mother, since I left 
Columbus, with the exception that the officers were taking my letters 
and brought them to me. Of course I could not get out to get them 
myself; they had to hamlle them. 

Did you mi'.ke any affidavits before any person in Savannah— Fort 
Pulaski ? No sir. 

Make any here ? Yes sir. 

Before whom did you make it ? Major Whitely. I made it before 
him and another gentleman. I forget his name. It was here in the 
barracks. 

\Yhat was the substance of that affidavit as tar as you know or 
recollect ? What I spoke here concerning Dr. Kirkscey. 

Did you consider that affidavit binding or not ? I did, sir. 

Did you ask anybody afterwards if an affidavit made before a Quar- 
termaster was binding? No sir. I did not. 

And you did not reply that you were '' all right," then ? I spoke 
these words, sir, there in the cell with Mr. Roper, and spoke to Mr. 
Barber after I had been speaking to Mr. Roper some time. I didn't 
speak to him except merely to pass away time — lonesome hours. T 
says to Jim Barber, says I : "Do you know anything about law ?" I 
didn't tell him that I had made an affidavit before anybody. I mere- 
ly asked him if a man was to make an affidavit without going betore 
a court of justice— or some;;hing of that kind, I don't remember now 
the exact words — I asked him if it was binding, I believe ''no" w\as 
his answer. 1 didn't have any more to say, and didn't pay any at- 
tention scarcely to it, because what I say is not what I sioear to. 



119 

Did you not distinctly say to Mr. Barber, " Then I am all right" ? 
TS'o sir. I told him no such words, sir. 

Nor nothing to that effect ? No sir. 

Did anybody that you know of or can name, ever see you in conver- 
sation with Dr. Kirkscey, or hear you speak to him, or him to you, in 
your life, before your first arrest? No sir. Dr. Kirkscey is a rich 
man, sir, and I am a poor man. You don't suppose he will speak to 
such "small potatoes," unless he intends to get 'em into trouble, or 
something of that kind. That is about the amount of it. 

RE-EXAMINED. 

(Questions by Judge Advocate : 

When you were asked at Fort Pulaski to tell what you knew about 
this affair, why did you not tell what you have testified here in regard 
to Dr. Kirkscey? The reason 1 didn't tell ? I started to come out 
and tell what I knew, and some conversation raised between Major 
Whitely, Captain Keed and others, and they stopped me; and I then 
turned off" and went back to my cell, and didn't finish the conversa- 
tion. I started at it and they stopped me. After that I didn't care to 
make a statement while 1 was in such a place as that. 

When in Columbus before your arrest, when you knew that efforts 
were being made to ferret out the murderers of Ashburn, why did 
you not tell what Dr. Kirkscey had said to you ? 1 thought in all 
probability, sir. I would be murdered in the same way that Ashburn 
was it I told anything. 

Did you hear any conversation yesterday in the prison here, be- 
tween any of these prisoners and Betts ? No sir. I didn't. Couldn't 
distinguish a word; their voice is all 1 could hear. 

About the time of Ashburn's murder wus there much excitement 
about an organization commonly called the " Ku Klux Klan," in and 
about Columbus ? Well, sir, there was a good deal of marks on my 
fence, and — 

{Judge Advocate, interrupting,) I don't want particulars. I only 
want to know, generally, whether there was much excitement and 
alarm about it ? I suppose there was, sir. 

Did the fear of that organization, if any such existed, operate 
upon you at all? No sir ; I suppose these K's and D's they put 
on my fence, some one put there to plague me ; but I heard some 
others speak, and it seems there was a good deal of excitement. 

Do you know whether there was alarm among those who were 
known not to be connected with the Democratic party for fear of 
this organization ? You mean the Radical party. 
Yes ? Yes sir. 

Do you know whether about that time there were apprehensions 
of assassination among men of the Radical party? I didn't hear 
any such thing as that. 



120 

RE-CROSS EXAMINED. 

Questions by the Defence : 

You say " K. K. " was marked on your fence; what do jou 
mean by that; have you got a fence? I have, sir; I have a 
piece of ground with a phmk nailed on it, and a shanty or two. 

1)0 you live on that ? I live in the house, sir. on that piece of 
ground — the lot my mother bought from Major Moses, I believe 
in 1859. 

Does your mother live there ? Yes sir ; did when I left. 

Is it your lot, or your mother's ? I should consider it mine, sir, 
or part of it. Some of the improvements are mine. It is hers, 
though, as it stands, 'cause I don't want any of it. 

Does your mother's husband live with her? No sir, he's dead. 

Who keeps the house with her? A colored girl, a cook, keeps 
the back room. 

Does John Wells, a colored man, live with your mother? No 
sir. He did until I was ready to shoot his brains out ; then he left. 
I don't think, sir, that any such conversation should rise here^ 
and I ain't a goin' to answer any more questions like that. 

Was John Wells arrested with you ? No sir ; he was put in 
the same room that I was. He was arrested first. He lives down 
two or three blocks from Avhere I do. I don't know what time of 
the day he was arrested. 

Was he taken to Savannah with you? Yes sir, in the same car. 

Was he or not known to be a Democratic colored man ? I 
heard him say he was a Democrat, and others called him a 
Democrat. 

Are you a Democrat yourself? No sir, I voted a Democratic 
ticket, but I was a fool for it. 

Were you not known to be a Democrat at that time in Colum- 
bus ? No sir. I was not. 

SALLY BEDELL, a witness for the Prosecution, testified as 
follows : 

Questions by the Prosecution ; 

What is your name ? Sally. 

Sally what? Sally Bedell. 

Where do you live? In Colnmbus. 

In what state is Columbus? In Georgia. 

Where were you on the night of the 30th of March — the night 
that Mr, Ashburn was killed? At Norah Winter's. 

Whom did you see there that night? I saw Mr. Wiggins and 
Mr. Wood. 



121 

Is Mr. Wiggins, the gentleman whom you saw there that night, 
here present? Yes sir. 

Point him out? There he sits over there; (pointing to Mr. 
Wiggins, one of the accused, who, at the request of the Judge 
Advocate, rises to his feet.) 

Is that the man ? Yes sir^ 

Do you see Mr. Wood present? Yes sir. 

Point him out? There he is, over there, (Witness points to 
Mr. Wood, one of the accused, who, at the request of the Judge 
Advocate, rises to his feet.) 

Is that Mr. Wood? Yes sir. 

What time of the night did you see them at Norah Winter's? 
The clock Was not running when I saw them. 

Was it hefore or after supper? It was aftet supp^^r. 

Ahout how long do you think it was after supper? I don't 
know exactly how long it was ; we didn't have any time in the 
house. 

Did anybody there have some masks, or masquerade suits that 
night ? Mr. Wiggins had some masquerade suits. 

How many suits? There was only one suit. 

Where did he say he got it ? The suit was got from Molly Jones. 

What did he say he was going to do with it ? He didn't say 
what he was going to do with it. He brought them there. 

If he said anything about a party going out masked that night, 
state what he said ? He said there was thirty of them going out 
disguised. 

Whom did he say it to? To aunt Norah. 

Norah who? Aunt Norah Wi'^.^er. 

How long did Mr. Wood and Mr. Wiggins stay there? There 
was no time piece in the house. 

Where did they say they were going when they left? When 
th<!y first left the house they were going down to Temperance Hall 
to the speaking was out there that night. 

Did they come back after they went to the speaking? Yes sir. 

Both of them ? Mr. Wiggins came back ; Mr. Wood didn't. 

W^hat did Ml". Wiggins do after he came back ? Went to bed. 

About what time did he go to bed, do you think? It was after 
the speakintr was out in the hall. I don't know what time it was. 

Where was the mask suit when he went to bed? It was laying 
on the chest in the room. 

In what room ? In Aunt Norah's room. 

In what room did he go to bed? Went to bed in aunt Norah'* 
room. 



12^ 

Did you see him an}^ more that night? After he went to bed. 

Yes — ? Yes, I saw him after he went to bed. 

About what time of the night? I don't know sir, what time it 
was. 

Where was he, and what was he doing? He wasn't doing any- 
thing till he went to bed. 

Was he in the room or out doors when you saw him ? He was 
in the room when I saw him. 

Was he in bed, or out of bed ? In bed. 

When did you next see him, — out doors, or coming in from out 
doors? I saw him coming in from out doors. 

When was that? That was the night Mr. Ashburn was killed. 

What time of the night? I don't know^ the clock wasn't run- 
ning that night. I don't know what time it was, 

W^as it after he had gone to bed ? Yes sir. 

Which way did he seem to be coming from ? I could not tell 
which wa}? he came ; he had to come up stairs. 

Was Norah's room up stairs? Yes sir. 

Was he below stairs or above stairs when you saw him come in 7 
He was up stairs. 

How far was he from Norah's room? Just came right up the 
steps and walked across the passage to Aunt Norah's room. 

If you heard anything said by him to Norali about her swearing 
that he was there in bed that night after Ashburn was killed, state 
it ? No sir. Aunt Norah didn't say it to Mr. Wiggins ; she said it 
to me and little Norah. 

What did she say? She said, if they were to take him up, she 
would say, that he was in the bed with her, and make me and little 
Norah swear the same. 

You state that the masquerade suit lay on the chest in Norah's 
room when you went to bed ; where was it next morning when you 
got up ? It was on the bed — the clothes was ; the mask was lying 
on the floor. 

What was the condition of the mask when it lay on the floor? 
It was broke up. 

What sort of a mask was it ? The upper part was pasteboard, 
and the rest was black silk. 

Anything like fringe about it? No sir. It was plain black silk. 

You say it was broke up ; what did you do with it ? I threw 
it in the fireplace. 

Where did you sleep that night? I slept in Aunt Norah's room 
on the couch. 

Where were you when you saw Mr. Wiggins come in after be 



12S 

had been out ; I mean the time you saw him coming up thestJtirs 1 
I was in the room, sitting down on the foot of the couch. 

What time of night was that? I don't know what time was that, 
after meeting was out at the hall; we didn't have any time piece. 

I refer to the time when he came back after he had gone to bed; 
what time was that ? It was about day, I don't know exactly, 
about four o'clock when became in. 

Do you know how long after he first went to bed, before he got 
up and went out? No sir, I don't know how long it was, but he 
couldn't stay in bed very long. 

State whether he went to bed again after he came in at four 
o'clock ? Yes sir, he went to bed again. 

When Norah Winter said she would make you and little Norah 
swear that he was there that night in bed with her, what did j'ou 
say ? I told her I could swear that he was there for such a time, 
but no longer. 

When Norah spoke about having you to swear, did she say any- 
thing about his being killed, and what did she say ? That was the 
time she said, before she would see him killed, she would make me 
and little Norah swear that he was in bed with her. 

Whom do 3"ou mean by "him" when you say " him killed"? 
Mr. Wiggins, she meant. 

What is your age ? I don't know how old I am. 

You are a grown woman, are you? Yes sir, I am. 

CROSS-EXAMINED. 

(Questions by Mr. Stephens : 

Were these questions ever put to you before? Not in court, 
they have not been. 

Have they ever been put to you out of court ? Yes sir. 

How often ? Four — five times. 

By whom ? Mr. Bostock and that gentleman over there. 

What is his name ? I don't know what his name is. (Witness 
points to Major Whitely.) 

Do you mean the magistrate in Columbus, Mr. Bostock ? Yes sir. 

Did Norah Winter keep a boarding house? Yes sir. 

What sort of a masquerade suit do you speak of, can you describe 
it ? They were calico pants and worsted coat. 

Were there not several of them there ? There were two or three 
suits in the house, but there was not but one of them taken out of 
the house that night after I went to bed. 

Do you know that there was any one of them taken out that 
night? There was one of them taken; it was taken out of the 
room: whether it was carried out of the house I don't know. 



124 

You ^tate that Mr. Wigijins brought one of those suits In ? Yes sir. 

That WHS before he went to bed ? Y'es sir. 

AVhat did he say wh.>n he tlirew it on the bed ? He didn't say 
anything- wlien he threw his suit on tlie bed. 

l)id he then, or any time wlien you were there, tell Nora that 
there was the suit that Kmnui Hines sent baek, that she had bor- 
rowed ? Yes sir. 

Is that suit there yet ? I dcxn't know whether it is there or not. 

\Vas it there as h)ng- as you stayed? Y'es sir. 

^Vas Alr.AViggins a polieeotfioer ? Yes sir, he was a police officer- 

>Vhat time did you go to bed? I went to bed before the speak- 
ino- was out at the hall, but didn't go to sleep. 

How did }>U'. Wood happen to go up into the room with :Mr. 
Wiggins ? Aunt Norah asked him up stairs to take a drink. 

That was about wliat time ? That was before the speaking was 
out at the ball. It was the soon [uirt of the night. 

AVas there any body else present? Cashin. 

AVas not little Norah ? Little Norah was down at the door, too. 

Quesliouit bv the Court: 

Did My. \Viggins have a masquerade suit on when he went out 
or returned? No sir, he didn't have it on when he went our or 

returned. , . ,. , -.i i • . 

Did he take it with him ? He took U out ot the room with hiin, 

I don't know whether he carried it down stairs or not. 
ABEAHA^l JOHNSON, a witness for the prosecution, being 

duly sworn, testified as follows: 
(Questions by the Prosecidion : 

AVhat is your name? Abraham Johnson. 

Where do you live? In Columbus. 

State whether you were at Mr. Chatin's store in Columbus, 
Georgia, on the Thursday after Mr. Ashburn was killed? Yes sir. 

Look at those gentlemen and state whether you saw any of them 
there, and if so, state whom ? I saw one of them. 

Point him out and name him ? ("Witness pointing to Dr. Kirk- 
scey, one of the accused.) Dr. Kirkscey. (AVitness also pointing 
to Mr. Bedell, one of the accused.) Mr. Biddell. 

Bedell, as they usually call him ? Yes sir, Mr. Bedell. 

Look along the whole line and see if you see any other one 

there ? I see Mr. Chipley. 

x\ny other? No sir. 

If you heard them say anything about Mr. Bennett, state what 
they 'said ? I was staying at the Widow McClary's boarding 
house ; and I was going down the street, and stopped at Mr. 
Chafin's store, and Mr. Hamp. Stewart asked me in ; and I went 



12§ 

in, and Mr. Hamp. Stewart askorl mo whore 1 staid, and I told 
hirn at Mrs. McClary's boaidinv house; and Dr. Kirkscfjy asked 
me was that where Mr. Bostock boards. I told him yes sir, that 
was where Mr. Bostock boarded; and Mr. Bedell askful me if I 
heard Mr. Bostock say he was going to arrest anybody about AFr. 
Ashburn again. 1 told him "no sir, I didn't know whether he 
was or no." 

Go on and state what else was said? Dr. Kirkscey told me to 
find out whether ho wa.s going to arrest any one or no, and I told 
him " Yes sir, I would." Then he said find out whether he 
was going to arrest ony one or no, and let him know, and I told 
him " Yes sir, I would ;" and Dr. Kirk-scey asked me where was 
Mr. Bennett the night Mr Ashbnrn was killed. I told him Mr. 
Bennett said he was behind the middle door ; and he said if he 
had known that Mr. Bennett would have been behind the door — ^ 
first he said the Ku Kluxes, and then he said loe Ku Kluxes — 
would have fixed him like we fixed Mr. Ashburn. 

Did he suy anything more? He told me to see if General Meadie 
wa*i cOTning down in Mr. Ashbnrn's place or no. rmd said if he do, 
find out and let him know. First he said the Ku Kluxes, and then 
he said we Ku Kluxes, would fix him like we ftxeil Mr. Aslil)urn. 

Did anybody try to stop him? Dr. Kirkscey touched him and 
tried to stop him from talking when he sai<l tliat, and he sai<l, " Never 
mind Abram, he was in the u^irwith me," 

Who was it touched Mr. Bedell and said that? Dr. Kirkscey. 

Who was it replied "never mind Abram, he has been in the war 
with me" ? Hamp. Stewart. 

Repeat Mr. Hamp. Stewart's language as near as you can ? Ilamp. 
Stewart didn't have anything to say, only asked me where I ?tai<l. 

That sentence about the war? lie said "Never mind Abram, he 

is a good boy; he was in the war with me: \ took care of jiim." 

Who was it first made the remark about the Ku Kluxes? Dr. 
Kirkscey. 

Who toucliod one of the crowd to stop him while they were talk- 
ing? Dr. Kirkscey. 

Whom did he touch ? Mr. Bedell. 

Wh(;n Dr. Kirkscey touched Mr. Bedell what was Mr. Bedell 

saying? He was saying "find out whether General Meade was 

going down or no, and let him know." 

Who has said anything to rou about (ioming here to testify? Mrs. 
A^illianis. 

What did she say ? ; Mr. Bostock called me to go down there one 

night to his office, and I went. I was .staying at Mrs. Williams' then. 

I told her Mr. Bostock wanted to find out whether J knew anything 

about the Ku Klux or no, and I told her I didn't know anything 

about them at all; and she said if you do, and find it out. these men 

will blow your head off, and slioot you just so. 



126 

f dkWt ask you that; I asked you if anybody liad said atiytliin^ 
to you about being a witness in this case? iS'o sir, nobody has said 
anything to me about it but Mr. Bostock. 

Has anybody threatened you it you swore in the case? Yes sir, 
Mr. Moses — young lawyer Moses. 

What did Mr. Moses say ? Damn Bostock ; if he wants you to go 
Up yonder as witness, don't you witness to nothing. He said, if you 
do, these men will slioot you when you come back, and if they don't 
do it, T will do it myselt. 

What Mr. Moses is that? Young lawyer Moses— I don't know 
what his najne is. 

Do you know who his father is? Yes f-ir, I know his father. 

State whethc^r his father is a lawyer? Yes sir, his lather is a law- 
y€r. 

Do you know whether he and his father are partners in the same 
law office ? Yes sir. 

Do you know what his father's given name is? No sir. 

Are there any lawyers in Columbus named Moses but these two 
that you know ? None that I know of. 

CROSS-EXAMINED. 

Questions by Mr. Stephens: 

Whose store do you say this conversation between Kirkscey, Be- 
dell and Hamp. Stewart was at? Mr. Ohafin's. 

Whereabouts is that store ? Jt is on Broad street. 

What time of the day did this conversation occur? It was an hour 
by sun, I think. 

What part of the street is that store on ? It is on the right hand- 
side going down. 

Who stays in that store ? Mr. Chafin and Mr. Redd. 

Does Mr, Taliaferro stay in that store? I do not, sir. know whether 
Mr. Taliaferro stays there, 

Mr. Redd stay in that store? I don't know, but I have seen him 
there. I don't know whether he clerks for Mr. Chiilin or not. 

Who were present when this con\ ersation took place ? There were 
none there but Dr. Kirkscey, Mr. Chipley, Bedell, Chafin, and Mr, 
Hamp. Stewart. I don't know whether they heard me talking to h.ira 
or no, but they were in the store. j.r i,.>^, „.,y 

Was Mr. Redd there ? Yes, sir, he was in the back part of the 
store, writing. 

Have you ever been sworn in this case before ? Yes sir. 

Did you swear to this statement that Bostock said to you that they 
would give you one hundred dollars, if you would swear what Bar- 
ber and George Betts said to Henry Kimbro ? Yes sir. 

Did you take the money ? No sir. 

What reply did you swear you made Mr. Bostock when he made 
that ofter to you— what did you tell Bostock ? (Witness hesitates.) 

Did you tell him this, that George Ashburn, the young man, son ot 



w 

Ashburn, would give you one hundred and fifty dolhirs, it you would 
swear to having heard what Barber and George Belts said to Heury 
Kimbro ? No sir. 

You didn't make that reply to Mr. Bostock, then? No sir. 

What did you say to him ? I disremember what I said to him then. 

Did he ofter the one hundred and fifty dollars? No sir, he told 
tne he would give me one hundred. 

Did you expect to get it ? I told him I didn't care anything 
abQut any money ; I just believed in the right thing. I told him 
if he was a mind to give it to me he could do it. 

Kather expect he will give it to you, don't you ; rather looking 
that way? No sir.',;y yc,. 

How long have you been here? Been up here since Tuesday 
evening. ^ 

Who sent you up here ? Captain Mills. 

Who sent you to Captain Mills ? As 1 was passing by he called 
me and told me not to get out ol the way ; he wanted mv, to go to 
Atlanta — that was Monday evening. 

Who was it told Captain Mills about your testimony— Mr. Bostock ? 
Yes sir. 

Was Mr. Bostock the Justice of the Peace, the Magistrate that had 
these gentlemen arrested tirst? Mr. Bostock first told Captain Mills 
and had me to go down and repeat the same words to Captain 
Mills and to Major Smyth. 

Was this Mr. Bostock the man that issued the warrants against 
these parties at the first arrest? Yes sir, they say it was. 
^ Were these questions, asked to-day, ever read over to you before? 
Yes sir, once. -^ 

By whom — who read them to you ? Mr. Bostock. 

Mr. Bostock read them to you ? Yes sir. 

Did young Mr. Ashburn offer you one hundred and fifty dollars if 
you would swear against Barber and Betts ? No sir. 

Didn't you tell Mrs. Williams that young Mr. Ashburn had offered 
you one hundred and fifty dollars? No sir. 

Didn't you tell Mrs. Williams that j^oung Mr. Ashburn had offered 
you one hundred and fifty dollars if you would swear against Bar- 
ber and Betts ? No sir. 

Or any of the others ? No sir, s;he didn't ask me if I would swear 
to it. 

I ask you if you didn't tell Mrs. Marianne Williams, that young 
George Ashburn had offered you one hundred and fifty dollars if 
you would swear against any of these parties ? He didn't offer it 
to me ; he told me that I could get that much, and I told him I 
didn't care anything about the money, I believed in the right thing, 
and he said that's all right. 



128 

Did you tell Mrs. Williams that ? I told her so, but I didu't swear it. 

Did youug George Ashlniru say that you would get one hundred 
and fifty dollars it you would swear against any of these parties? 
He didn't ask nie if I would swear to it, but stated to me that I would 
get it. 

He told you that you would get one hundred and fifty dollars, if 
you would swear that way? Yes sir. 

KE-EX AMINE!). ' 

Questions by the ProseciUhm: 

Do you intend to siy, that the same questions I have asked you 
here to-day, were asked you by Mr B.istock, in Columbus? Yes 
sir, I can say they are. 

Hive not I askej you some questions that he did not ask 3'ou? 
No sir. 

Havel not asked some questions here, that Mr. Bostock didn't 
ask you ? Yes sir. 

Did Mr. Moses get you to swaar any thing before him? No sir. 
hedida't get me to sweir anything before him. 

Didn't he draw up a paper and get you to swear to it before him ? 
No sir, he just drawed up a p.ipsr of what I told. you. 

Did he read it to you ? Yes sir. 

Can you read ? No sir. 

Da you know whether he read it right when he read it you ? No 
sir, I don't know whether he did or not. 

Did you understand that you were ssveariug to that paper before 
him ? No sir. 

Did he offer you anything if you would make the statement before 
him ? Yes sir. 

^Vhat did he offer you ? His father gave me two dollars —a two 
dollar bill. 

"What did he give it to you for? For telling him what he sat 
down on the paper. Mrs. "Williams sent me to him. 

Did he tell you, you were swearing to it at the time ? No sir. 
BURRILL DAVIS, a witness for the prosecution, being duly sworn 

testified as follows: 

Questions by the Prosecution: 

"What is your name? Burrill Davis. 
" Where do you live ? In Columbus, Georgia. 

What is your age ? Abaut sixty-eight years, sir, not quite. 

How long have you resided in Columbus? About twenty-four 
years. 

Where were you on the 30th of March last, on the day before Mr^ 
Ashburn was killed ? In the city of Columbus, sir. 
, Did you have any talk that day with 'Sh: James M. Barber ? No sir. 

Did j^ou see him that day ? Yes sir. 



120 

Did yon drive any body in a bnggy that day V In an express 
wagon I did, sir. 

Whom ? Mr. James Barber. 

Any body in with him '.-' No .sir. 

Did you hear him talk any V Yes sir. 

State what he said? I was standing in the livery stable down on 
Broad street, Mith my wagon wheels just oft' the pavement ; Mr 
James Barber came up, had a new p iir of shoes in his hand, threw 
them m the wagon and jnmps up on the wagon, about half drunk — 
I sui^pose. He said to me, "Was I a Democrat?" I said, yes sir. He 
said * ' You are posted on the dots. " I said, no sir ; and he asked me if 
I had been up to the club; and I said, no sir. He says, " Vvliy don't 
you go ?" Because I don't feel like it. ' ' Wiiy don't you go to-night ?" 
I says, I don't care much about it. Says he, "W hen you go up town 
to Captain Ramsay, he will post 3'ouon the dots" I then put wiiip 
t<j my horse to get shet of him —got tired of the conversation. He 
said, just then, "We Ku Kluxes, they will do what they f^ay they wdl 
do, in spite of men and hell;" and then he said, " We hung seventy- 
tive the other day in Tennessee." Says I, is it possible? About 
this time, we were near home, and says he, " To be certain to go uj) 
to Captain Ramsay," and I whips up the horse and let him out. 
He says again, "Go up yonder;" and I says, yes sir. Well, that is all . 

If any thing was said about what the Ku Kluxes were going up 
there for, state it? Yes, that I forgot. Says he, "Mr. Ashburn will 
be a dead man shorter than an}" of you have knowledge of ; " and I 
said, is it possible — that was before some words I said. 

State all he said in connection with the Ku Kluxes and Mr. Ash- 
burn ? Well, he said in the latter clause of his conversation, after 
he said they had hung seventy-five men in Tennessee, he said, "Ash- 
burn will be dead shorter than any of you have any knowledge of." 
He talked about some tritiing thing— being a drunken man, I did 
not paj^ anj' attention to it. 

What time of the day was this? It was in the neighborhood of 
sun set. 

What day ? On Monday. 

How long afterwards before you heard Mr. Ashburn had been 
kill d ? Next morning, between day-break and sun up, sir. 

CROSS-EX AMIN KD. 

Questions by Mr. Stephens: 

I understood you to say that you told Mr. Barl)or that you were a. 
Democrat ? Yes sir, I told him so. 

Did you tell him the truth ? No sir. 

Did Mr. Barber know j'ou veiy well when he was sober ? Knowed 
me very well ever since he was a child. 



130 

Didn't he know perfectly well that yon were not a Demoerut, bnt 
a Eepubhcan ? No sir, I don't know as he did. 

Was not your position in politics very well known throughout the 
town ? I don't know as it was at that time. 

Was Mr. Barber a very active politician ? No sir, I think nof 

Were you not very active in party politics ? No sir, but was most 
determined in principle. 

Was not Mr. Barber very drunk that evening? Well, sir, as well 
as you can judge a drunken man, I supposed hmi to be half drunk 

When do you consider a man half drunk? what is your ideaV 
Well, when a man is half drunk-when a man is full drunk he 
forgets every thing he does or says. 

When a man is half drank, does he forget half of every tuia- 1,. 
says and does ? No sir, I never said that. 

KE-EXAMINED. 

Questions by the Prosecution: 

State whether Mr. Barber was or was not in a condition at that 
time to know what he was doing? To my judgment, I think he 
knowed what he was doing. 

Did you take him to his house ? Yes sir. 

What time did you say you got to his house ? In the neio-hbor- 
hood of sun set, sir. '"" 

Did you have to help him out of the wagou ? No sir. 

Did any body ? No sir. 

Court adjourned. 



HEADQUARTERS DEPARTMEIS^T OF THE SOUTH, 

JUDGE ADVOCATE'S OFFICE. 

Atlanta, Georgia, August 10, 18G8. 
A true copy and extract from the records of a Military Com- 
mission in the case of E. J. Kirkscey et al., so f-ir as relates to 
the evidence for the prosecution. 

W. M. DUNN, 
Assistant Judge Advocate Generate U. S. A. 

V ■ f^ fv Judge Advocate. 

■■-» 7 y mb 



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